A US federal court has overturned a 1868 law prohibiting home alcohol production, potentially legalizing “moonshining” nationwide.
US Returns to Home Distilling
A US federal court has struck down a 158-year-old ban on home alcohol production. The ruling opens the door for legal production of spirits for personal use, according to UPI.
Constitutional Challenge to Decades-Old Law
The court deemed the 1868 prohibition on home distillation unconstitutional. The restrictions were originally implemented during the Reconstruction era following the Civil War.
Bourbon Enthusiast Initiated Legal Battle
The federal regulations, enacted to prevent tax evasion on alcoholic beverages, were challenged by Rick Morris, who sought to legalize home bourbon production.
Court Ruling Limits Government’s Taxing Power
The Fifth Circuit Court of Appeals in New Orleans upheld the lower court’s decision, asserting that the government cannot use its taxing authority to criminalize the act of production itself.
Amateur Distillers Anticipate Growth
The ruling is expected to lead to a resurgence of amateur distillers across the United States.
Government Argument Rejected by Court
The administration argued the ban prevented fraud, stating that “a distiller can more easily conceal the strength of the alcohol or the activity itself if the apparatus is in his home.” The court countered that Congress’s power relates to taxing finished products, not activities that may produce them.
Hobby Distillers’ Association Celebrates Victory
Morris, along with the Hobby Distillers’ Association – which he founded after a previous denial of a home production permit – hailed the decision as a historic victory and turning point for amateur distillers nationwide.