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US Court Rules Against 158-Year Ban on Home Liquor Distilling

US Court Rules Against 158-Year Ban on Home Liquor Distilling

Summary

A U.S. appeals court decided that a law banning home liquor distilling for 158 years is unconstitutional. The court ruled that the law goes beyond Congress's power to tax. The decision doesn't immediately let people distill at home, as federal permits and local laws still apply.

Key Facts

  • The 158-year-old law banned home liquor distilling and was considered unconstitutional by the Fifth Circuit Court of Appeals.
  • The court said the law doesn't function as a tax measure because it prevents taxable goods from being made and no taxes are collected.
  • The case was brought by the Hobby Distillers Association and its members, who wanted to distill spirits at home for personal use.
  • The government defended the ban, claiming it helped prevent tax evasion.
  • The court argued that Congress can regulate through taxes but not with a total ban on home distilling.
  • Warning letters were sent by authorities to the plaintiffs about purchasing distilling equipment, reflecting enforcement risks.
  • The ruling questions the legality of the ban but doesn't allow immediate home distilling without federal permits.
  • The Hobby Distillers Association aims to make hobby distilling legal like homebrewing and winemaking.

Source Information