Police bust alleged moonshine makers in Pennsylvania

upi ^ | April 23, 2013

[JoeProBono]

MCDONALD, Pa., - Police in Pennsylvania said they responded to a report of two men burning something in a shed and discovered an alleged moonshine making operation.

McDonald police said Midway residents called officers to their neighborhood April 11 with a report of neighbors burning something in a shed and one witness told police he suspected they were making moonshine because he had seen a man loading Mason jars into a vehicle, The (Washington, Pa.) Observer reported Tuesday.

Police said they entered the shed to discover Matthew Zirwas III, 33, and Matthew Kirks, 29, operating what appeared to be an ethanol or moonshine distillery.

Police said the man admitted they had been making moonshine in the shed.

Zirwas and Kirks were both charged with five counts of reckless endangerment and one count each of failure to have a license to make liquor, illegal possession of liquor, disorderly conduct and possession of marijuana.

[JoeProBono]

[Paladin2]

Follow the tax $$$$.

[shove_it]

Amish shiners?

[BipolarBob]

We can't have anyone having fun with a hobby and avoiding taxes at the same time. That would be like . . . bad.

[rightwingextremist1776]

Guess they should have just grown pot....

[Jacquerie]

Uh oh. Its illegal to distill one’s own ‘shine?

[spel_grammer_an_punct_polise]

I always thought that it was ok to make one’s own alcohol as long as it was for one’s consumption.

[knarf]

Amost 2 hrs of Popcorn Sutton .. , the most lovable 'shiner you'll ever meet.

LEGEND

enjoy

[littleharbour]

The pot growers will get a free pass until it’s legalized and taxed. Then the IRA will show the BATF how enforcement is done.

[littleharbour]

Freudian slip. I meant IRS!

[chrisser]

See here: http://www.ttb.gov/spirits/faq.shtml#s7

"You may not produce spirits for beverage purposes without paying taxes and without prior approval of paperwork to operate a distilled spirits plant. [See 26 U.S.C. 5601 & 5602 for some of the criminal penalties.] There are numerous requirements that must be met that also make it impractical to produce spirits for personal or beverage use. Some of these requirements are paying special tax, filing an extensive application, filing a bond, providing adequate equipment to measure spirits, providing suitable tanks and pipelines, providing a separate building (other than a dwelling) and maintaining detailed records, and filing reports. All of these requirements are listed in 27 CFR Part 19. Spirits may be produced for non-beverage purposes for fuel use only without payment of tax, but you also must file an application, receive TTB's approval, and follow requirements, such as construction, use, records and reports."

That said, it's most likely that local LEOs will be the ones who get involved. As long as you aren't selling/distributing it, you're unlikely to warrant their attention as long as you aren't too obvious about it. Most have better things to do.

[JoeProBono]

[BipolarBob]

It is illegal unless one obtains a distillery license which is a daunting and expensive process. The courts sometimes have difficulty getting a “guilty” verdict from a jury of their peers, so they go for the much easier IRS “failure to pay taxes” slam dunk. Good luck getting a non-existent appeal on that one.

[AppyPappy]

Selling it is the problem. Uninspected, untaxed liquor. Bad juju

[JoeProBono]

[tired&retired]

Isn’t this the same area of Pennsylvania where the Whiskey Rebellion took place?

Per Wiki:

Throughout counties in Western Pennsylvania, protesters used violence and intimidation to prevent federal officials from collecting the tax. Resistance came to a climax in July 1794, when a U.S. marshal arrived in western Pennsylvania to serve writs to distillers who had not paid the excise.

The alarm was raised, and more than 500 armed men attacked the fortified home of tax inspector General John Neville.

Washington responded by sending peace commissioners to western Pennsylvania to negotiate with the rebels, while at the same time calling on governors to send a militia force to enforce the tax. With 13,000 militia provided by the governors of Virginia, Maryland, New Jersey, and Pennsylvania, Washington rode at the head of an army to suppress the insurgency. The rebels all went home before the arrival of the army, and there was no confrontation.

About 20 men were arrested, but all were later acquitted or pardoned.

[SeeSharp]

I always thought that it was ok to make one’s own alcohol as long as it was for one’s consumption.

It depends on the laws of the state you do it in. It doesn't become a federal crime until you try to transport it.

My grandfather used to make small amounts of homemade wine in North Carolina. He'd take a gallon jug down to the county tax office and pay the tax on it. Then they'd give him a stamp to put on it.

[knarf]

He says his wife was the best damned woman to ever shit between a pair of sneakers.

[BipolarBob]

Beer and wine are a different animal from distilled liquors. They are treated totally separate.

[SeeSharp]

Then the IRA will show the BATF how enforcement is done. ...Freudian slip. I meant IRS!

I think you also meant the DEA. BATFE doesn't do pot.