Mckenzie, TN moonshine bust...

[dixiedrifter]

The news here has been broadcasting it now for about two days.

Guy with a tiny 10 gallon tops pot still made from a cook pot with stainless steel head and they treated it like a freaking meth lab bust... all that hoopla and his bond was set at only $1500. What a waste of government time and money.

http://www.wbbjtv.com/NewsStories/09110 ... eBust.html

http://www.wbbjtv.com/NewsStories/09110 ... orLaw.html

McKenzie police officers executed a search warrant Tuesday morning on a McKenzie man's home, but not for a drug bust. They said this is the first time they have ever stumbled upon a make shift moonshine distillery in the middle of town next to a school. "My 20 years here I've never had any dealings with a distillery," said Lt. Tim Nanney.

Nanney said officers found 45 gallons of alcohol in various stages of manufacturing just 200 feet from McKenzie Elementary School. "There was some fermenting in his [the suspect] house. Approximately 15 gallons fermenting, approximately another 20 gallons of mash we discovered in the shed behind his house and 7 gallons of finished product," described Nanney.

Police are not releasing the alleged moonshine maker's name pending his arrest, but officers said he could face criminal charges. "In Tennessee, it's ok to make certain amounts of wine but once you distill the alcohol itself, it becomes a crime then because it's untaxed liquor," said Nanney.

The moonshine bust was a joint effort between McKenzie police, Alcohol Beverage Commission and ATF agents. Nanney said he plans to interview the suspect Wednesday.

[Dnderhead]

sounds like they wanted him for something besides alcohol, and "stumbled" on it . maybe on probation?

[blind drunk]

Nanney said officers found 45 gallons of alcohol in various stages of manufacturing

Wonder if they're including the backset in their gallon count for dramatic affect? bd.

[blanikdog]

And he lived next to a school. What has that got to do with anything........except a bit more headline drama.

blanik

[Dnderhead]

hear in the states a higher penalty for a crime with in 500ft. ( about 200m.?) of a school. this was started for drugs sales etc.
but sure it covers other things.they like to sneak things threw in the fine print.

[HookLine]

they like to sneak things threw in the fine print.

They sure do. Along with vague catch all definitions that cover pretty well anything they want it to.

[Husker]

said Lt. Tim Nanney.

The nanny state we live in, now has officer Nanney doing it's dirty work. Go figure.

H.

[blanikdog]

Heavens Above!!!! And I thought that our laws are tough.

blanik

[goose eye]

welcome to the real world fellas

so im tole

[dixiedrifter]

Here in TN, possession of more than three gallons of untaxed alcohol is considered a class E felony while possession of a still is a class B misdemeanor.

I'm wondering if TN has inadvertantly opened up a loophole in possession of moonshine with its so called "crack tax". Basically how the law works is you get busted, with meth, marijuana, cocaine, or moonshine, they slap you with an excise tax. Well unlike all the other drugs, alcohol is legal to possess, as long as the taxes have been paid. The law says "untaxed alcohol"... well if one heads down to nashville, pays the crack tax on the contraband alcohol which is like 12.50 per proof gallon, then what the hell is law enforcment going to do? You have paid taxes on the alcohol, and as you have a nice little stamp on your bottle to prove it.

Now they might try and come back and say, well you haven't paid the regular tax due to the state and federal gov't. Well thats the responsibility of the individual that produced the alcohol IIRC, not the possessor. So unless they can prove that you made the moonshine, then they would be SOL on trying to hang you under title 57. See where I'm going at with this?

Of course, this is all relative, and I would not want to be the guinea pig testing it out... i'm sure it would result in a guilty conviction that would be appealable to the state supreme court.

[goose eye]

dixie use your head. when payin that tax you admitin to breakin the law.
you think the law got probable cause for a search warent after that. if
not all they gota do is get a informer to lie then they do without even if they
aint never have seen you. never keep more than a bit of likker around an keep it in
ole likker botles. if you stain it keep it in bourbon botle if it clear
keep it in voka botles. keep your wits about you an the most impoetant
- pride will get you caught -.

so im tole