Author Topic: 80 year old man arrested for moonshine  (Read 3338 times)

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Offline greg916

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80 year old man arrested for moonshine
« on: December 30, 2008, 02:12:44 PM »
http://www.msnbc.msn.com/id/28435513/

Heard this on the local news tonight. They say it will go easy for him because of his age, it was for his personal use, and he is a USN veteran. One of his neighbors reportedly turned him in.
OSTENDO NON OSTENDO

Offline powderman

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Re: 80 year old man arrested for moonshine
« Reply #1 on: December 30, 2008, 02:36:47 PM »
Bet that'll teach him to share. POWDERMAN.  ;D ;D
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Offline GRIMJIM

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Re: 80 year old man arrested for moonshine
« Reply #2 on: December 30, 2008, 02:39:12 PM »
Is it illegal to make it for yourself?
How is that different from making your own wine or beer?
I actually wanted to try it at one time.
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Offline greg916

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Re: 80 year old man arrested for moonshine
« Reply #3 on: December 30, 2008, 02:43:58 PM »
I understand It's illegal to distill anything, even water. Making beer,wine, and mead does not involve distillation, only fermentatlion.
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Offline Hairtrigger

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Re: 80 year old man arrested for moonshine
« Reply #4 on: December 30, 2008, 02:48:20 PM »
Locally there was a 70+ OTR truck driver caused an accident that killed a family. Age definately had some to do with the accident.. not the punishment

Offline CannonKrazy

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Re: 80 year old man arrested for moonshine
« Reply #5 on: December 30, 2008, 02:49:29 PM »
Well I bet the ole guy was just making it for ,uh , um medicinal purposes. Yeah that's it medicinal purposes. ;) ;)

Offline Spanky

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Re: 80 year old man arrested for moonshine
« Reply #6 on: December 30, 2008, 03:04:30 PM »
They bust the old guy for 2 gallons of shine because of a nosy neighbor :-\
He's probably been making shine for 60 or 70 years.
I ain't got no problems with it... To each his own.



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Offline Questor

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Re: 80 year old man arrested for moonshine
« Reply #7 on: December 30, 2008, 03:25:23 PM »
Thank God! It's about time some old timer decided to pick up the slack and get to work on a worthwhile enterprise. The astonishing thing here is that you can freely go out and buy some killer crap like Diet Coke or a McDonalds "meal", with all its deleterious health effects. But just try to distill a little buzz and the government spends $450,000,000,000,000 dollars in surveillance and intelligence gathering to bust you for not paying taxes on the 'shine.
Safety first

Offline victorcharlie

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Re: 80 year old man arrested for moonshine
« Reply #8 on: December 30, 2008, 03:35:23 PM »
I was under the impression that a fellow could make up to 55 gallons per year.....
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Offline Oldtimer

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Re: 80 year old man arrested for moonshine
« Reply #9 on: December 30, 2008, 03:44:29 PM »
I live in Virginia moonshining country.  About eight miles from my house, there is a Moonshiners Jamboree in August.  I was in the DC suburbs watching television at my older daughter's house with her boyfriend.  We were watching a Discovery Channel special on moonshining and it showed a man running through the woods. I recognized him as the man who set up the Moonshiners Jamboree, and the woods he was running through.  Around here, an 80 year-old man who did not know how to make shine would be arrested for being ignorant in public.

Offline Swampman

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Re: 80 year old man arrested for moonshine
« Reply #10 on: December 30, 2008, 03:45:23 PM »
I was under the impression that a fellow could make up to 55 gallons per year.....

Me too.
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Re: 80 year old man arrested for moonshine
« Reply #11 on: December 30, 2008, 04:31:25 PM »
The U.S. Law Concerning Alcohol Production

The use of a distillation apparatus is not legal in all countries. You should check with your federal, state and local authorities for details and exceptions Believe it or not, there are exceptions. I also include state and local authorities as well, because in the U.S., laws can vary at every level.

The information below was taken verbatum from the official BATF web site.

Distillation of Alcohol and Stills

Under Federal rules administered by ATF, the legality depends on how you use a still. You may not produce alcohol unless you qualify as a distilled spirits plant (see ATF FAQ's page at their web site.) However, owning a small still and using it for other purposes is allowed. You should also check with your State and local authorities - their rules may differ.

A still is defined as apparatus capable of being used to separate ethyl alcohol from a mixture that contains alcohol. Small stills (with a cubic distilling capacity of a gallon or less) that are used for laboratory purposes or for distilling water or other non-alcoholic materials are exempt from our rules. If you buy a small still and use it to distill water or extract essential oils by steam or water extraction methods, you are not subject to ATF requirements. If you produce essential oils by a solvent method and you get alcohol as a by-product of your process, ATF considers that distilling. Even though you are using and recovering purchased alcohol, you are separating the alcohol from a mixture -distilling.

Under regulations in part 170 of title 27, Code of Federal Regulations, ATF has the right to require manufacturers of stills to give them the name and address of each customer. If they choose to impose this requirement, they inform the manufacturer of the stills by letter.

Some people are under the misconception that all home alcohol production is illegal. Below are the legal guidelines for home production of beer and wine.

Sec. 24.75
Wine for personal or family use

(a) General. Any adult may, without payment of tax, produce wine for personal or family use and not for sale.
(b) Quantity. The aggregate amount of wine that may be produced exempt from tax with respect to any household may not exceed:
(1) 200 gallons per calendar year for a household in which two or more adults reside, or
(2) 100 gallons per calendar year if there is only one adult residing in the household.
(c) Definition of an adult. For the purposes of this section, an adult is any individual who is 18 years of age or older. However, if the locality in which the household is located has established by law a greater minimum age at which wine may be sold to individuals, the term ``adult'' will mean an individual who has attained that age.
(d) Proprietors of bonded wine premises. Any adult, defined in Sec. 24.75(c), who operates a bonded wine premises as an individual owner or in partnership with others, may produce wine and remove it from the bonded wine premises free of tax for personal or family use, subject to the limitations in Sec. 24.75(b).
(e) Limitation. This exemption should not in any manner be construed as authorizing the production of wine in violation of applicable State or local law. Except as provided in Sec. 24.75(d), this exemption does not otherwise apply to partnerships, corporations, or associations.
(f) Removal. Wine produced under this section may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions, such as home winemaker's contests, tastings or judgings, but may not under any circumstances be sold or offered for sale. The proprietor of a bonded wine premises shall pay the tax on any wine removed for personal or family use in excess of the limitations provided in this section and shall also enter all quantities removed for personal or family use on ATF F 5120.17, Report of Bonded Wine Premises Operations.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1331, as amended (26 U.S.C. 5042))
(Approved by the Office of Management and Budget under control number 1512-0216)
[T.D. ATF-299, 55 FR 24989, June 19, 1991, as amended by T.D. ATF-338, 58 FR 19064, Apr. 12, 1993; T.D. ATF-344, 58 FR 40354, July 28, 1993]

This was last updated on September 17, 1999

Sec. 25.205
Production of Beer

(a) Any adult may produce beer, without payment of tax, for personal or family use and not for sale. An adult is any individual who is 18 years of age or older. If the locality in which the household is located requires a greater minimum age for the sale of beer to individuals, the adult shall be that age before commencing the production of beer. This exemption does not authorize the production of beer for use contrary to State or local law.
(b) The production of beer per household, without payment of tax, for personal or family use may not exceed:
(1) 200 gallons per calendar year if there are two or more adults residing in the household, or (2) 100 gallons per calendar year if there is only one adult residing in the household.
(c) Partnerships except as provided in Sec. 25.207, corporations or associations may not produce beer, without payment of tax, for personal or family use.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))

This was last updated on September 17, 1999

Sec. 25.206
Removal of beer

Beer made under Sec. 25.205 may be removed from the premises where made for personal or family use including use at organized affairs, exhibitions or competitions such as homemaker's contests, tastings or judging. Beer removed under this section may not be sold or offered for sale.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))

Sec. 25.207
Removal from brewery for personal or family use.

Any adult, as defined in Sec. 25.205, who operates a brewery under this part as an individual owner or in partnership with others, may remove beer from the brewery without payment of tax for personal or family use. The amount of beer removed for each household, without payment of tax, per calendar year may not exceed 100 gallons if there is one adult residing in the household or 200 gallons if there are two or more adults residing in the household. Beer removed in excess of the above limitations will be reported as a taxable removal.
(Sec. 201, Pub. L. 85-859, 72 Stat. 1334, as amended (26 U.S.C. 5053))

This was last updated on September 17, 1999
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Offline DalesCarpentry

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Re: 80 year old man arrested for moonshine
« Reply #12 on: December 30, 2008, 04:43:51 PM »
If I am reading this right then you are not allowed to produce any moon shine at all then. Dale
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Offline SouthernByGrace

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Re: 80 year old man arrested for moonshine
« Reply #13 on: December 30, 2008, 04:55:19 PM »
The State of Georgia allows a person to produce no more that 100 gallons of an alcoholic beverage per calendar year per adult in the household, for personal use. According to this law, I can make 200 gallons of moonshine or homemade wine on New Year's Eve, then make another 200 gallons on New Year's Day.  ;D The 200 gallons is the maximum that you can posses at one time. If it is consumed, they can't stop you from making more. The evidence is gone... ;D
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Offline jlbeebe

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Re: 80 year old man arrested for moonshine
« Reply #14 on: December 30, 2008, 05:24:20 PM »
I would like to think our court system would have better things to do with thier time than worry about old men making thier own brew. Like I dunno maybe CEO's who bankrupt our economic system, drug dealers, gang bangers. The list could go on and on. It sure is a good thing we pay taxes.

Offline SouthernByGrace

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Re: 80 year old man arrested for moonshine
« Reply #15 on: December 30, 2008, 06:13:22 PM »
I couldn't agree more.
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Offline Sourdough

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Re: 80 year old man arrested for moonshine
« Reply #16 on: December 30, 2008, 06:59:13 PM »
This just goes to show BATF&E are out of their minds.  And looking to prosacute anything they can get hold of.  Stats are all that drives them.  Stats are what gets them promoted and every case they prosecute, no matter how trivial, and win looks good on their stats.  So they are always looking for the little things that they are sure to win, no matter who it hurts.

This organization is totally out of control and needs to be reigned in.

This statement I made about my old profession was removed, any that saw it kindly forget I said that.  Those guys may still be in operation and don't need the publicity.   Rog
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Offline darrell8937

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Re: 80 year old man arrested for moonshine
« Reply #17 on: December 30, 2008, 08:07:51 PM »
God Bless Him...
The goverment will let you beleive how dangerous stills are.. We need to protect you..

Bull.. it is all about taxes! a still can be safe! Especialy if you can do it without fear of arrest. In the open!.
Even Andy Taylor went easy on Moonshiners! Is it not amazing how, during Prohabation.. Canada also had similiar laws but that didn't include exports.. They didn't mind at all. Supplying Illegal booze to the US.. After all it was our crazy laws not theres,,Wink..Wink..   kinda sort of anyways.. The Cubans also made millions! I do distill water when I boil spagetti or lobster. even poatos. The distilled water collects on the lid and runs off into the pot.. I hope I don't get arrested!


Offline Hairtrigger

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Re: 80 year old man arrested for moonshine
« Reply #18 on: December 31, 2008, 01:27:29 AM »
So..
Some of you guys give a pass to old people... how about drugs? Are you willing to jail an 80 man for pot?
What about murder? where do you draw the line?

Offline SouthernByGrace

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Re: 80 year old man arrested for moonshine
« Reply #19 on: December 31, 2008, 02:38:08 AM »
There IS a difference between the two. Very rarely did a moonshiner get into the "business" to make it rich. There were a few cases, but very few. The moonshiners were simply making a living to feed there families.
As a side note, there aguement could have always been that they paid taxes on the ingredients; sugar, corn or wheat, etc. ;)
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Offline Troyboy

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Re: 80 year old man arrested for moonshine
« Reply #20 on: December 31, 2008, 03:53:37 AM »
This is a stupid lets make an example case. even so we are a nation of laws and they must be adhered to. Even 80 year old men.
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Offline Singleshotsam

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Re: 80 year old man arrested for moonshine
« Reply #21 on: December 31, 2008, 06:45:22 AM »
It a common fact to most rual natives that you don't ask where shine comes from, you just drink it carefully :D - last time I drank shine I felt like I was under anesthesia lol...Numb!

That being said, most people know that the mfg of this product is illegal.  They have been for quite some time.  I bet anything the 80 year old gentleman in question knew.

 My grandfather was one of the best shine makers in all of KY during prohibition and had many exciting stories to tell, but even he knew what he was doing was illegal, even if the doctors and railroad workers paid well  :D
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Offline powderman

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Re: 80 year old man arrested for moonshine
« Reply #22 on: December 31, 2008, 02:20:43 PM »
SSS. What part of KY was your grandfather from??? POWDERMAN.  ;D ;D
Mr. Charles Glenn “Charlie” Nelson, age 73, of Payneville, KY passed away Thursday, October 14, 2021 at his residence. RIP Charlie, we'll will all miss you. GB

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Offline Heather

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Re: 80 year old man arrested for moonshine
« Reply #23 on: December 31, 2008, 03:28:46 PM »
Don't care for moonshine, but  I sure am glad that it is legal make homemade wine, cuz I'm about to pour me big ol glass of it right now! Yummmmyyyyyy!  Happy New Years Everyone!

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Offline docmagnum357

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Re: 80 year old man arrested for moonshine
« Reply #24 on: January 01, 2009, 01:55:24 PM »
Illicit whiskey manufacture has always been illicit because of the tax paid or not paid on it.  There are very few laws against drinking alcohol, or even getting drunk.  The law is against not paying taxes on it.  That is one reason the government demonized Marijuana.  It was a weed, and every where people smoked it, usually people on the fringes of society.  Mexicans, black musicians, people who weren't "mainstream".  No way to tax it, so get rid of it.

The same thing is true of prescirption medication.  Look at Claritin. Why is it different now than a few years ago?  It isn't different, and everyone knows it.  The difference is that more people buy it as over the counter, so more money is made on it.

I don't want to offend anyone, but I used to smoke cigarettes.  I quit.  I used to drink.  I quit.  I have taken two or three prescription pain pills in my life, and I never really felt in danger of becoming an addict. I have a hard time understanding the hooplah.  But I guess I just don't have an "addictive personality".  I am not saying drug addiction isn't real, or that alcoholics can quit drinking if they really want to,  just that I have a hard time understandinding.  That also makes it hard for me to understand what the government is "protecting " us from, too. 

Offline rockbilly

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Re: 80 year old man arrested for moonshine
« Reply #25 on: January 01, 2009, 03:52:16 PM »
Growing up I had several relatives that were involved in making shine.  I remember one old uncle that produced enough for the county, he got rich from making shine.  He made three grades of shine, one for himself and the family, one for sale to white folks, and the last run laced with battery acid, paint thinned or whatever else he could find was sold down in the black area.  

Shine,  if made properly, with just a bit of quality control is good, and will not hurt anyone, but when folks start lacing it with other things it is dangerous, can cause blindness, and is responsible for thousands of "jake legged" drunks.  

I have drank my share, but today I wouldn't touch it unless I knew the maker very well, and then I would have to think about it.

Offline Sourdough

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Re: 80 year old man arrested for moonshine
« Reply #26 on: January 01, 2009, 07:24:51 PM »
Some say we are a nation of laws.  Yea we are.  Some laws are good, some are not so good.  Some are down right stupid, and should never have been passed in the first place.  If all the laws were good laws then everyone could respect them, and the people that enforce them.  Some are so down right stupid that most enforcement people would not even think of enforcing them.  These stupid laws are responsiable for the attitude that many people have about only adhering to the ones that they think are good. 

But every once in a while along comes someone trying to make a name for themselves and this kind of thing is what you get.  Stupid laws being enforced by stupid prosecutors. 
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Offline Rustyinfla

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Re: 80 year old man arrested for moonshine
« Reply #27 on: January 01, 2009, 07:37:28 PM »


  I read about a "Moonshiners and Revenuer's Reunion" that they hold every year. One of the moonshiners said people used to call him sorry, low down and Lazy. He said I  may have been sorry and I may have been low down  but I was never lazy. That whiskey makin is hard work.
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Offline gypsyman

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Re: 80 year old man arrested for moonshine
« Reply #28 on: January 02, 2009, 03:15:22 AM »
Reminds me of an incident in Toledo a few years ago. Big story on the local news and in the paper. Man arrested for bomb making equipment and supplies. Seems he had a couple feet of cannon fuse roled up in his garage. Along with some gas and propane tank. (can we cut our grass or barbacue here) Well, he got into it with his next door neighbor, and the neighbor called the law. Seems that a few years earlier the guy and his son played with model rockets.(so did I) Well, it got thrown out of court, but it cost the guy a couple thousand for a lawyer. I always wondered how they got along after that. And you really had to do some digging to find out what happened. When it got thrown out, it didn't make front page news.(surprise,surprise) gypsyman
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Offline Singleshotsam

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Re: 80 year old man arrested for moonshine
« Reply #29 on: January 02, 2009, 04:23:00 AM »
Powderman,

My great g-pa was from around the Land Between the Lakes area.  There were some good tales about the things he did to stay alive in his day :D
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