Blogndog

Exactly. And whiskey is not illegal to possess or sell.

Section 107

Well, actually, generally it is illegal in the US to sell booze unless one has a license or permit to sell booze. I would very much like to know what jurisdiction allows unlicensed/unpermitted entities/individuals to sell booze.

And generally, in the US it is illegal to possess booze unless one meets certain legally prescribed qualifications and has not been otherwise prohibited from possessing booze.

Those "Saudi"-style laws you reference are religious laws. While US statutes do take precedence over religious laws there are many situations in which religious laws are given some level of deference by US courts over US laws.

But I agree that currently and for the foreseeable future CBP's orders are not controlled by religious laws.

GUWonder

It is not generally illegal to sell or posses booze in the US. While federal excise tax and a liquor license is required in many jurisdictions for retail or wholesale distribution of booze and there are age and other restrictions on the conditions for when and who may sell, serve, be served, transport or possess booze, it is not generally illegal to sell or possess booze. And many of those restrictions on booze are not national restrictions, despite the federal government and some religious entities in the US having a history of applying pressure on states and other domestic jurisdictions to go in certain directions when it comes to regulating/taxing booze in the US.

The Saudi laws against booze are national laws in Saudi Arabia. That a country's national laws correspond with some interpretations of some religious guidance doesn't change the fact that it is generally illegal to sell or posses booze in Saudi Arabia due to Saudi national law; but isn't generally illegal to sell or possess booze in the US, unless some other specific conditions are violated.

Blogndog

Although there are indeed regulations concerning the possession and sale of alcohol in the USA, booze itself is not contraband. Heroin, fully automatic weapons, algorithms that circumvent digital copy protection, etc. are contraband in the USA. There are also regulations concerning the possesion and sale of many other things, e.g., weapons, haircuts, banking services, awarding of degrees and diplomas, electrical or plumbing installation, etc., but again, none of those are contraband.

In Saudi, however, alcohol is indeed contraband, as is pornography. But in this thread, the term was originally applied (incorrectly) to an entry to the USA.

DaveBlaine

The Bureau of Alcohol, Tobacco and Firearms should be a 24/7 convenience store, not a government agency.

Section 107

Fully automatic firearms are not prohibited in the US but are highly controlled; automatic weapons are manufactured in the US, imported into the US and are sold on an almost daily basis to civilian (non-governmental/military) persons. Lots of people own them and use them, legally.

DaveBlaine

And speaking from personal experience...A whole lot of fun!

Section 107

Given how you usually so carefully craft your statements I am really surprised you would make such statements and am curious as to the basis on which you make the assertions it is generally legal to sell alcohol?

Every state, and in some states even local jurisdictions, have laws and regulations regarding the sale of alcohol at the wholesale and retail level. All of these laws indicate that sale of alcohol is prohibited unless one has been granted permission. That sure seems to me to be the definition of "generally illegal."

If state and local law is not enough, what say you of 27 USC and 27 CFR which clearly prohibit the importing, exporting, distilling, producing, bottling, warehousing and wholesaling of alcohol for nonindustrial use unless one has been granted permission to do so? That also seems to me to be the definition of "generally illegal."


On what basis are you asserting it is generally legal to possess alcohol?

All states have laws and regulations that possessing alcohol is illegal unless one meets certain requirements. That seems to me to be a state of generally illegal.

Granted, there might not be federal laws regarding possession of alcohol that apply to all persons on non-federal property in the several states. But there are federal laws, regulations and rules that prohibit possession of alcohol on certain federal property (the National Mall is but one of many examples). And of course, federal law does make it illegal to possess alcohol on federal property unless one meets certain requirements (including on military bases).

The practical matter that most persons in the country meet the local, state and federal requirements to possess does not change the key point that it is illegal to possess alcohol unless one meets the requirements.

In a similar vein to your statement, I suppose one might posit that it is generally legal to fly a plane in the US. Except that it is always illegal to fly a plane unless one has first obtained permission from some level of government to do so.

GUWonder

Unlike in Saudi Arabia, the US has no general ban on booze's sales, purchases, possession and consumption.

Booze is not generally considered contraband in the US. Now, Saudi Arabia is another matter and there it is generally considered contraband.

Loren Pechtel

No way! Alcohol & guns at the same store?!?!

GUWonder

Walmart stopped selling ATF?

Reindeerflame

Apparently Cuban cigars are now allowed, at least for travelers returning to the U.S. from Cuba, if within the applicable dollar value amount.

sethb

Some booze is. Absinthe used to be. In some states, very high alcohol content is illegal.

sethb

It is generally legal to possess booze; the only qualification is being over 21 years of age, and not under a court order not to (the latter is rare).

DaveBlaine

I've been told Everclear cannot be sold in Minnesota but Wisconsin sells it.

I don't know for sure either way since I've never had any reason to buy it.