Beer is ok brewing but I want my own whiskey.
queso1 said:
It's not illegal, you just need a federal permit.
And don't go blind.
... moonshinelawsdirectory.comQuote:
To answer the question, is moonshine legal in Texas, The Texas state moonshine laws and the federal laws say that one can produce ethanol fuel by way of distillation after obtaining the legal permit from TABC. The federal law also requires the producers to obtain the permit for producing alcohol fuel. Bottom line: moonshining is legal only with Federal and state permits. Also, moonshining is not legal in dry cities or dry counties.
What have you heard about how someone might go about something of this nature BrazoDog?BrazosDog02 said:
.... and fixing your Glock to be fully automatic...
This is not true. Not only do you have to have permits to do it at all, but they are very difficult to acquire at your residence.redass1876 said:
No illegal to make it. Just a limit on the quantity and can't sell it
Quote:
No illegal to make it. Just a limit on the quantity and can't sell it
https://www.ttb.gov/spirits/home-distilling.shtmlQuote:
Home Distilling
While individuals of legal drinking age may produce wine or beer at home for personal or family use, Federal law strictly prohibits individuals from producing distilled spirits at home (see 26 United States Code (U.S.C.) 5042(a)(2) and 5053(e)). Producing distilled spirits at any place other than a TTB-qualified distilled spirits plant can expose you to Federal charges for serious offenses and lead to consequences including, but not necessarily limited to, the following:
[ol]Within title 26 of the United States Code, section 5601 sets out criminal penalties for activities including the following. Offenses under this section are felonies that are punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.
- 5601(a)(1) Possession of an unregistered still.
- 5601(a)(2) Engaging in business as a distiller without filing an application and receiving notice of registration.
- 5601(a)(6) Distilling on a prohibited premises. (Under 26 U.S.C. 5178(a)(1)(B), a distilled spirits plant may not be located in a residence or in sheds, yards, or enclosures connected to a residence.)
- 5601(a)(7) Unlawful production or use of material fit for production of distilled spirits.
- 5601(a)(8) Unlawful production of distilled spirits.
- 5601(a)(11) Purchase, receipt, and/or processing of distilled spirits when the person who does so knows or has reasonable grounds to believe that Federal excise tax has not been paid on the spirits.
- 5601(a)(12) Removal or concealment of distilled spirits on which tax has not been paid.
Under 26 U.S.C. 5602, engaging in business as a distiller with intent to defraud the United States of tax is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both. Under 26 U.S.C. 5604(a)(1), transporting, possessing, buying, selling, or transferring any distilled spirit unless the container bears the closure required by 26 U.S.C. 5301(d) (i.e., a closure that must be broken in order to open the container) is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense. Under 26 U.S.C. 5613, all distilled spirits not closed, marked, and branded as required by law and the TTB regulations shall be forfeited to the United States. In addition, 26 U.S.C. 5615(1) provides that unregistered stills and/or distilling apparatus also will be forfeited. Under 26 U.S.C. 5615(3), whenever any person carries on the business of a distiller without having given the required bond or with the intent to defraud the United States of tax on distilled spirits, the personal property of that person located in the distillery, and that person's interest in the tract of land on which the still is located, shall be forfeited to the United States. Under 26 U.S.C. 5686, possessing liquor or property intended to be used in violation of the law is a misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000, or both. Such liquor and property is also subject to the seizure and forfeiture provisions in 26 U.S.C. 5688. Under 26 U.S.C. 7201, any person who willfully attempts to evade or defeat any Internal Revenue Code tax (including the tax on distilled spirits) has committed a felony and shall be fined up to $100,000, imprisoned for up to 5 years, or both, plus the cost of prosecution. Under 26 U.S.C. 7301, any property subject to tax, or raw materials and/or equipment for the production of such property, in the possession of any person for the purpose of being sold or removed in violation of the internal revenue laws may be seized and shall be forfeited to the United States. In addition, any property (including aircraft, vehicles, and vessels) used to transport or used as a container for such property or materials may be seized and shall be forfeited to the United States. Further, 26 U.S.C. 7302 adds that it is unlawful to possess any property intended for use, or which has been used, in violation of the internal revenue laws; no property rights shall exist in any such property. [/ol]
And even homebrew beer cannot be greater than 18% abv.TX AG 88 said:Quote:
No illegal to make it. Just a limit on the quantity and can't sell it
This is irresponsibly inaccurate, and as soon as I saw the thread title, i came in to dispel it (knew it would be here.)
Unless you are a licensed distillery, it is illegal to distill ONE DROP of vodka, whiskey, or any other ethanol for consumption. One drop.
You CAN get a license/permit to distill ethanol for fuel. However, to remain legal every drop must be used for fuel, and I believe logs must be maintained to account for it.
You can brew beer and make wine for personal consumption. Distilling alcohol is a different ballgame altogether under our laws.