Beer Trading Legality

Discussion in 'Trade Talk' started by AlienSwineFlu, Jun 28, 2014.

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  1. AlienSwineFlu

    AlienSwineFlu Savant (1,135) Dec 14, 2012 Ohio

    *did search, did not turn up what I was looking for, or any recent threads.

    I feel like there's a bunch of bad info going around on this topic, and I'm very curious as well. Can anyone here provide an actual statute that says it's illegal to transport beer via a private courier (not USPS), from one private party to another, when no money is changing hands? i.e. The normal type of trading we all do. I feel like this is constantly discussed in the community, but I've never actually seen the law that everyone seems to cite as this being an illegal practice. I realize that it's against the private policies of FedEx/UPS, but I'm looking for purely legal restrictions here.

    I don't see how this is any different than me putting some beers in my car and driving them over to my friend, and swapping with him for something else.

    Follow-up question: Can anyone provide a real-life account of someone who has actually been in legal trouble for basic trading?

    Thanks in advance for any clarification that can be provided!
     
  2. carlitos92

    carlitos92 Zealot (599) Jul 12, 2012 Texas

    This thread, regarding Utah: http://www.beeradvocate.com/communi...oad-trip-suggested-stops.184498/#post-2483096

    It basically boils down to the laws in each state. I have never worried about it, but then again I pack well and don't write "BEER" on the outside of the box, either.

    For the record, I've even received a trade via USPS. I didn't know it was going to happen, and it wasn't my choice. There wasn't any fallout from it, luckily.
     
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  3. chcfan

    chcfan Initiate (0) Oct 29, 2008 California

    I think it's not so much the trading or even shipping part, but varying state laws about importing beer via any method.

    http://www.ttb.gov/publications/direct_shipping.shtml

    Here's info on Ohio.
    http://www.daytondui.com/blog/2013/04/15/illegal-transportation-of-alcohol-in-ohio-o-r-c-4301-60/

    You're most definitely breaking the law by trading to/from Ohio.

    However, I traded over 40 times from 2008 - 2010 and had once had a bottle break, but the package still made it. I do not think Fedex and UPS care enough to turn over alcohol to authorities. The worst I've heard happen from them is someone getting an exception email and the package never getting to its destination, nor was it returned.

    Also, a BA user (I want to say SpeedwayJim) said he once had USPS discover a package he sent was alcohol and they just sent it back to him. No cops were involved. I think that's how it went down. I still would not trust them for beer shipping, though.
     
  4. cfh64

    cfh64 Pooh-Bah (2,070) Aug 16, 2005 Texas
    Pooh-Bah Trader

    Who cares? I don't know about you but I only ship home made olive oil if they ask.
     
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  5. AlienSwineFlu

    AlienSwineFlu Savant (1,135) Dec 14, 2012 Ohio

    The Ohio portion is a bit confusing to me. Part of it says that it's not illegal to transport beer in a quantity of less than 288 ounces, another part says transporting beer at all is illegal without a license (wouldn't that make it illegal to drive it home from the store)? I can't tell if it's saying it's illegal to transport it entirely (which wouldn't make sense to me), or that it's illegal to transport for sale without a permit. Hmm...
     
  6. AlienSwineFlu

    AlienSwineFlu Savant (1,135) Dec 14, 2012 Ohio

    Pretty much everything I've found online is regarding the shipment of alcohol for purchase/sale.
     
  7. chcfan

    chcfan Initiate (0) Oct 29, 2008 California

    Yeah, I had a little bit of trouble with it as well. AFAIK most states have some kind of law on the book regarding importing, mostly due to them wanting you to pay taxes on any purchases in-state, or something along those lines. In PA, it is 100% illegal to import a single drop and there are many stories of people getting busted for it, but I think that's more of a thing of the past. You may get in trouble if you're pulled over for something else and they notice your call full of booze, but that's probably about it.
     
  8. Beeryurt

    Beeryurt Zealot (617) Mar 8, 2013 Wisconsin
    Trader

    No one is going to jail, if it was really on law enforcements radar BA would not even have a forum.
     
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  9. HighLowJack

    HighLowJack Savant (1,230) Jun 5, 2013 Massachusetts
    Trader

    the idea that the police are going to show up at your door for trading beer is beyond laughable
     
  10. Skunkdrool

    Skunkdrool Savant (1,160) Jul 31, 2010 California
    Trader

    Its illegal to ship alcohol mainly due to state tax laws. But again, who cares.
     
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  11. Gunboat82

    Gunboat82 Zealot (546) Jul 3, 2012 Massachusetts
    Trader

    One point to consider is that providing alcohol to minors is a strict liability crime in some states, which means you can be charged even if you were not aware that the recipient was underaged. I'd wager that, in most cases, nobody is checking ID on the other end of the transaction.
     
  12. patdunkel

    patdunkel Initiate (0) Apr 4, 2014 Wisconsin

    Not sure why there'd be any "tax" on traded beer. Assuming (I know, big assumption) the value was similar, the "tax" was paid when each of the traders bought it in the first place. Right? I'm no lawyer, but I play one on internet forums:grinning:
     
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  13. OddNotion

    OddNotion Pooh-Bah (1,915) Nov 1, 2009 New Jersey
    Pooh-Bah

    What if you traded a beer you bought in say Illinois to a guy from Utah who bought his beer in California. In this case, neither state where the beer is being shipped has collected any of the tax.
     
  14. jdb288

    jdb288 Initiate (0) Nov 22, 2013 New Jersey

    FedEx guy keeps looking at my boxes when I drop off...asking me about the contents. He knows, but he doesn't KNOW.

    Anything about shipping flammable materials? I think he may have mentioned that before...
     
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  15. jivex5k

    jivex5k Initiate (0) Apr 13, 2011 Florida

    Beer isn't flammable. Well maybe that brewdogs 45% monstrosity.
     
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  16. jdb288

    jdb288 Initiate (0) Nov 22, 2013 New Jersey

    My thoughts exactly. Perhaps the degree of flammability is subjective. In any respect, I keep dropping off my boxes and smiling mischievously...
     
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  17. 64vdub

    64vdub Pundit (848) Feb 20, 2014 California
    Trader

    I got a package from a BA that said it was Hot Sauce :slight_smile: Gallons of it! People where I work thought I was crazy when they signed for it LOL.
     
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  18. nc41

    nc41 Initiate (0) Sep 25, 2008 North Carolina
    Trader

    Shipping flammables would be a concern from a carrier standpoint, unless it's overt I'm sure carriers could care less it's a box and they make money delivering it. That's about it. Box it properly in the right size box and there's no worries, I tend to over insulate, but I believe my boxes would withstand a tumble off a cliff, and silent, hate sloshy boxes. Sometimes on really tough to get brews I double box.
     
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  19. creepinjeeper

    creepinjeeper Initiate (0) Nov 8, 2012 Missouri

    I pack like like you, with the exception that I always double box. It makes me feel better about the shipment. I believe read in one of the threads that you should pack your box to survive a six foot drop (?). I tried it once and all of the beers were fine. That trade partner still doesn't know.:wink: I live on the second floor now and I'm tempted to pack a box of BMC just to see if it could survive that drop.
    I pretty much kill the slosh. Is it posted somewhere that some beers slosh more than others?
     
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