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A federal judge rejected a more than century-old ban on home distilling as unconstitutional Wednesday.

Judge Mark Pittman, a Trump appointee, found that a federal law making it a felony to distill spirits at home exceeded Congress’ power, holding that neither Congress’ tax power nor its ability to regulate interstate commerce justify the ban. Pittman permanently blocked the government from enforcing the ban, which threatens violators with up to $10,000 in fines or 5 years in prison, against the plaintiffs it found to have standing.

“Indeed, the Constitution is written to prevent societal amnesia of the defined limits it places on this government of and by the people,” Pittman wrote. “That is where the judiciary must declare when its coequal branches overstep their Constitutional authority. Congress has done so here.”

President Jimmy Carter signed a law that legalized homebrewing in 1978, but distilling spirits at home remained illegal. (RELATED: Federal Lawsuit Challenges Ban On One Of The Most American Things Ever)

Late last night, after months of litigation, a federal court in Texas decided the federal ban on at-home distillation of beverage spirits is unconstitutional. The district court’s decision is fair; it is correct on the law; and it is historic. https://t.co/Chyo78AA8Z
— Competitive Enterprise Institute (@ceidotorg) July 11, 2024

The Hobby Distillers Association, an organization that includes over 1,300 members, filed a lawsuit against the Alcohol and Tobacco Tax and Trade Bureau (TBB) and Department of Justice (DOJ) in December to challenge the ban. Competitive Enterprise Institute General Counsel Dan Greenberg, who represented the plaintiffs, said in a statement that the ruling is “a victory for personal freedoms and for federalism.”



“We’re pleased to see that the court determined that the home distilling ban is unconstitutional – and that it blocked enforcement of the ban against our clients,” Greenberg said. “More broadly, the court’s decision reminds us that, as Americans, we live under a government of limited powers.”

Pittman paused his ruling for 14 days to enable the government to seek emergency relief from the appeals court.

dailycaller.com
Federal Judge Finds Americans Have Constitutional Right To Distill Moonshine In Their Bathtub
A federal judge struck down an over century old ban on home distilling Wednesday as unconstitutional.
dailycaller.com dailycaller.com

I've been interested in a small batch still for some time now. I didn't know it was illegal.
The fallout from this should be fun to see. Thanks

I've been interested in a small batch still for some time now. I didn't know it was illegal.
The fallout from this should be fun to see. Thanks

Although I'm not an alcohol drinker, I always believed it was legal to make it at home as long as you don't sell any.

There are a couple small brewery supply places that I've been to, and they all sell small stills too. The biggest ones are still only a couple gallons in volume, so you're not making much alcohol in one, but they sell them and all the accessories to get it set up and running. I understood that making distilled spirits for your own use was not illegal, but who knows? Those little stills were not inexpensive either. Can't tell you how many people I know that make wine and brew beer, so what is the difference?
The original post references Carter making brewing legal in 1978 and I remember the surge in activity and the sales of "homebrew kits" back then.

Didn't Carter do the home brew for his brother Billy? I vaguely remember Billy Beer. I was just a little young back then to understand it all.

I remember an 8th grade science project where my friend and I tried to make a still. It didn't work, but we tried, with teacher's help and consent.......