states that legally allow trading of beer?

Do you specifically mean shipping beer within a state or across state lines too?

 

I didn't realize bartering was illegal anywhere? Think it comes down to shipping and age concerns maybe?

 

Shipping beer without a license to do so is illegal in every state, I believe.

 

I was going to say something similar - name one state where it is legal.

 

So almost everyone who trades is essentially breaking the law?

 

It is sort of a grey area, I think. It's definitely illegal to ship through USPS (but that may be in the process of changing), but for independent companies like UPS/FedEx/etc. I believe their official stance is it's "against company policy." They could certainly get the police/ATF/whoever deals with this stuff involved, but I've never heard of it happening. Usually they will either confiscate the beer or ask you to come pick it up and say not to do it again.

 

There are certain states you CANNOT ship alcohol into, such as Texas, New Hampshire, and Vermont.

 

It's against company policy because it's against the law as someone who isn't licensed to sell/distribute alcohol.

 

Isn't it simply about the government not getting their share of the profits?

 

What if there is no profit in the trade?

 

Assuming the traded beers were all purchased at retail, federal/state/county governments got their share in the form of excise, sales, etc. taxes. It's because nobody has a big enough financial motivation to lobby for legislation to carve out an exemption for private interstate liquor transit. The laws that prevent it from happening on a large scale also prevent it from happening on a small scale.

 

It is really just a case of the ATF trying to avoid an illicit liquor market from forming. It is increasingly difficult with forms of payment like PayPal "gift donations" and other methods out there for money to change hands separate from the physical transaction. Ideally it would be something like if shipping below X number of bottles/liters there is no cause for concern, but once someone starts shipping crates maybe the ATF needs to take a look. I would think this is more of a Federal issue than something to be handled at the State level unfortunately. I do commend you desire to fix this though, so cheers!

 

Hammer meet nail head! None of us are licensed or insured to distribute beer, which is essentially what we are doing when we illegally ship beer across state line. No grey area here we're breaking the law.

 

YES ! And TONS of "illegal" Beer, wine and liquor pass through delivery trucks everyday !!! Not really Federal Law(s) as it is State Law(s). So Technically, "Elliot Ness" Lager is breaking the law!

 

I think Governor T-Mac would be all for it seeing as he's a beer fan. I'm sure there a whales he'd like to score as well!

 

Lots of great info on this link, applicable to wine, but I don't believe much different for beers since it's regarding alcohol rather than a particular type of alcohol: http://www.winespectator.com/webfeature/show/id/Shipping-Laws-State-by-State_1049

When looking for statutes and laws, remember that laws are written to prohibit you from doing things, then exemptions are added for very specific conditions. If there are no laws against it or if your actions fall under one or more exemptions, then you are basically "allowed".

While bring alcohol across state lines violate certain state laws mainly regarding "importing" (read: untaxed), trading, IMHO, is basically pretty "small fish" to waste enforcement resources on. While anything can happen, from overzealous prosecutors, to having other activities unrelated to this that makes you a target, it really only becomes a bigger issue when re-selling is involved...and in large quantity. Take a look at the case of Malvern lawyer charged with illegal wine sales. Note what the county DA said in that article...

"This was not some casual exchange of wine between friends," Chester County First District Attorney Michael Noone said in a news release. "The defendant was running a highly organized, high-volume illegal business operation to make money."

I believe so far this "casual exchange between friends" is how local enforcement treats beer trading. Unfortunately, there is no such language exist in statutory exemptions in any state or federal laws regulating alcohol. If I were going to propose something to the legislature, I would propose wordings to add exemptions to any laws regulating the importing of alcohol into your state specific to "casual exchange" and "for no monetary gain/profits". The problem remains that unless all states add such exemption, one of the 2 trade partners would still remain violating state laws.

Regarding shipping, the only law I'm aware of is the explicit prohibition of shipping alcohol via USPS (Section 217 of 18 U.S.C. 1716(f) of the Act of March 4, 1909, ch. 321, 35 Stat. 1131). The Congress takes this up each year and consider changing the law each year, but it failed to go anywhere each time: http://business.time.com/2012/04/30/why-cant-the-post-office-ship-beer-and-wine/ . There isn't any law prohibiting other couriers from shipping alcohol, only policies regarding licensed shipper to essentially cover their legal asses, nothing more.

 

this is sort of a gray area in texas, and i believe it really only applies to beer. Because i can order wine and i had to purchase a bottle of whiskey from cali that was shipped to me no problem.

 

This. And I personally would say let it be, no need to draw attention where none is needed, no traders are getting arrested or fined. In FL we recently tried to change the law regarding 64oz growlers and we almost ended up losing the right for breweries to be able to sell bottles and have guest taps. this is what almost happened when we brought the distributors and lobbyists attention to the issue. Sometimes its best to let it be and work with whats available. I would hate to see some overzealous government employee decide this will be their cause and start to clamp down on folks trading beer. This is also why I HATE my beer cellar and sites like it, once cash becomes involved government agencies like to get involved.

Now before anyone jumps on me about the need to stand up to the government and demand our rights and freedoms as Americans, I want to say this is about beer sales and trading it is NOT about civil rights or equality. I don't see this as oppression, just lame bureaucracy.

 

Oops!