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Appeal Heard
Aug
Appeal Heard by the Fifth Circuit
We have been waiting for this day for nearly a year now, and it finally arrived. The arguments for the lawsuit regarding hobby distilling were heard by the Fifth Circuit Court of Appeals today. While we feel that the attorney for our side, Andrew Grossman, did a great job of arguing the case, the fate of this round is to be decided by the Justices of the Fifth Circuit. There is no pre-set timeline for when this may happen, so it is now a waiting game for all of us.
The Fifth Circuit could uphold District Judge Pittman’s ruling, they could rule in favor of the government, or they could even kick it back down to the lower courts. We must all just wait, and hope.
If you would like to hear the full case it is available at the United States Court of Appeals for the Fifth Circuit. To hear the oral arguments, click here.
I’m interested in keeping updated
Bottom line is it’s against the Constitution what else is there to be said would I do in my house is my privacy nobody’s business but my own
When will the law pass so we can distill
The bill in Texas failed to get through the Senate before the end of the session, so we will need to have it re-introduced when the next session starts. Our representative is still behind the bill, and has said that he intends to push it again in the next session, but that is just over a year out.
Federally, if you are a member of the HDA then you can get your DSP permit from the TTB even if you are distilling at home, providing you still meet the other criteria (correct locks, etc.). You will likely be a small producer, in which case you would not require a bond and could pay the excise tax on a yearly basis.
I am interested in becoming a small producer as you describe.
Is there a document somewhere that is a list of steps or a How-To?
We do not currently have a list of steps, but in general you need to have a business name (the TTB permit is for a Distilled Spirits Plant, so they have not been approving permits to individuals). You can then get your HDA membership, and we will send you a certificate that the TTB will need in order to approve the permit.
Each state will have its own requirements if they have not specifically legalized home distilling, or are following the federal laws.
Let me know how I can help.