Cease and desist order in FL

First post on here regarding trading? Seems fishy to me.

 

How is it a felony if it isn't illegal to ship alcohol via FedEx?

 

How did you receive the letter? Signature confirmation, registered mail, USPS...FedEx?

 

Very good point. It is illegal to ship alcohol via the United States Postal Service but it is not illegal to ship alcohol via other carriers. That does not mean you might not be breaking state laws in doing so. That is on you, not them, unless you declared it as alcohol before they shipped it.

 

My main question would be, how the hell would you get a cease and desist order for shipping alcohol three times? That seems unbelievable.

 

It's only illegal via USPS.
https://www.fedex.com/us/developer/...WebServicesHelp/WSDVG/23_Alcohol_Shipping.htm

 

maybe it’s because you’re shipping exploding boxes that’s the problem

 

Failure to pay/collect taxes on the alcohol is a crime. But that wouldn't come from FedEx. It would come from your states tax division.

 

That doesn't make sense, the taxes were paid when the beer was purchased. These are trades, not sales. Selling the beer would be totally illegal without proper licensing.

 

Exactly this. It is illegal to sell beer w/o proper licensing. Trading beer is completely legal. If documentation came from FedEx, I would imagine your name, address, etc. would be flagged as a no ship.

 

This is from Pennsylvania, I am sure other state have similar laws. I do not know if Florida (where the OP lives) has such a law

Section 9011 of the Malt Beverage Tax Code makes it unlawful for any person to transport into the Commonwealth any taxable malt or brewed beverages on which tax is not paid. 72 P.S. § 9011. Section 9.91(a) of the PLCB’s Regulations provides that a person cannot import malt or brewed beverages into the Commonwealth for delivery or use therein, unless the person holds a valid importing distributor license issued by the PLCB, or unless a person is exempted by other provisions of that section. 40 Pa. Code § 9.91(a).

This has nothing to do with the sale. It covers bringing beer into the state without paying the tax.

 

So if I go on a road trip, use my car to drive from WI to PA, and bring beer to PA that I bought in WI (and paid WI tax on) I am now breaking the law?

 

I wonder if there is a gray area. If I ship into PA, I'm not physically transporting it into the state. Is it my responsibility, probably...

 

Yes, And there have been reports on here of PA state police (or tax agents) watching cars come across the border from NJ and pulling them over once they cross the border.

 

Then you tell them to have a good day and drive away carefully. I don't care much to get into a legal discussion here but they have absolutely no right to pull you over, detain, search, etc without reasonable suspicion. Crossing state lines is absolutely not grounds for reasonable suspicion of any wrong doing.

 

I'm not doubting you but how do they know what cars to pull over? They can't pull over everyone and would need some sort of cause to anyway. Are they following cars from breweries or liquor stores? Wondering if there are places I should avoid...