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May I move by home-brewed beer out of State?

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Well, crossing a state line doesn't make it ONLY a federal issue, but it still is a federal issue. Both NH and Maine are always fighting with each other over tax\boarder issues(and guess where the fight...Federal Court). .

A previous poster said that crossing the state border would make it a federal issue for the person crossing the border. My point is that it is not breaking any federal law to do so. Legally speaking, it is not a federal issue as far as the OP is concerned. Maine, and other states, are allowed to police what comes into their state.
 
But more importantly, Yooper can you please photoshop that Avatar and add a whip and a black leather teddy(you can leave off the black leather boots, they'd just look like hip waders on him).

If women don't find you handsome, they should at least find you handy.
 
A previous poster said that crossing the state border would make it a federal issue for the person crossing the border. My point is that it is not breaking any federal law to do so. Legally speaking, it is not a federal issue as far as the OP is concerned. Maine, and other states, are allowed to police what comes into their state.

I wasn't saying it was a violation of a Federal Law, just that interstate transport of a commodity (whether or not it's homemade) places it squally under the commerce clause of the US Constitution (they don't even have to stretch it as they often want to do). So actually the OP could invoke federal law in defense of his actions should a State try charging him with a crime, again not that it would ever come to that.

Keyth
 
As an attorney, I'd say it was a poor defense, but sure, I suppose he could, in the same way he could say all sorts of things. Folks have tried that and failed time and time again. All the interstate commerce clause does is give Congress the power to regulate interstate commerce--it is not a defense someone can make when charged with a state crime. States have what is called the police power, allowing them to regulate matters within their borders for reasons of public safety, morals, etc.--a very large grant of power. The courts, both state and federal, have routinely said that this allows them to restrict entry of firearms, alcohol, fireworks, etc.

Yes, of course the chance of someone being charged with crossing a border with homebrews is small. But let's get the law right so people can make informed decisions for themselves.
 
Firebat138 said:
I believe the Bandit did this with commercial beer.... You are fine, just watch out for Smoky

Um Smokey passed on quite a few years ago....don't worry about Smokey, your good!
 

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