What Is The Legal Limit Of Carry Moonshine Across Tennessee?

What is Tennessee law on moonshine?

1/1/2015 last updated

It is illegal to own a still for the purpose of distilling moonshine in the state of Tennessee. The law is specific about the use for manufacturing ethanol, but not about owning a still, or using a still for distilling water, essential oils, etc. Because it is specific to only alcohol manufacturing it should be legal to own a still as long as it is not use to manufacture alcohol.39-17-707.

(a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law. (b) A violation of this section is a Class B misdemeanor.

Tennessee does offer a fuel alcohol license. It does not seem to require a distiller’s license and does not cost anything for fewer than 1,000 gallons. You can manufacture up to 2,500 gallons for a cost of $100. Tennessee application and permit for production of fuel alcohol a Tennessee distillers license costs $1,000 per year and a $300 application fee.

No micro distillery license seems to be available. Forms can be found here There are several licenses you need to request to legally manufacture spirits. Below are the federal licenses only. Additional state requirements will need to be followed as well. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,

This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,39-17-707.

(a) It is unlawful for any person to have possession or control of any still or other apparatus, or part of any still or other apparatus, used or intended to be used for the purpose of manufacturing intoxicating liquor as prohibited by law. (b) A violation of this section is a Class B misdemeanor.

39-17-706. Manufacture of alcoholic beverages

(a) It is unlawful for any person, company, or other entity to manufacture intoxicating beverages unless authorized by law to do so; provided, that this section shall not be construed to prohibit the manufacture of alcohol for use as a fuel to power motor-driven vehicles and machinery or for heating purposes or of not less than one hundred eighty-eight (188) proof for chemical, pharmaceutical, medical, and bacteriological purposes. (b) A violation of this section is a Class A misdemeanor.

Current federal laws allow citizens the right to own a still and operate it for non-alcohol production. This means legally you can:

Is real moonshine legal in Tennessee?

WHAT IS “TOURIST MOONSHINE” AND THE EVOLUTION OF REAL MOONSHINE TO WHAT IT IS NOW. Whether you refer to the drink as white lightning, shine, firewater, or mountain dew, Moonshine has a long and complicated history in the United States. The name itself may simultaneously bring to mind the candy-colored tourist moonshine drinks of today, images of Appalachian and Smoky Mountain settlers making illegal beverages during the early 20th century, or (if you’re a history buff) remembrances of the Whisky Rebellion in the days of our country’s infancy.

1. Homemade whiskey is often associated with rebellious, anti-government, or anti-Prohibition sentiments as it was originally formulated in the country when it was illegal to make alcohol at home — and sometimes an illicit venture to serve alcohol at all.
2. Most people today, of course, just enjoy the drink! Read through the following points to learn more about the evolution of moonshine and understand how we ended up with the drink as it is today: A tourist-driven, legal beverage that has its roots deep in the history of our country.

WHAT IS TOURIST MOONSHINE? If you’re familiar with the history of distillery moonshine, the idea of “tourist” moonshine may make you raise an eyebrow — or smile, depending on how you view this interesting change in culture in the Smoky Mountain area.

As it is used today, the term moonshine is a basic term used to describe the majority of white whiskey drinks that are unaged (in the way that wine and beer are fermented for a long time before you can drink them). Making moonshine is legal in Tennessee now — but this was not always the case. Brewing moonshine at home used to be a highly illegal and secret activity that was punishable by law.

Today, many drinks marketed with the “moonshine” label are simply low-alcohol cocktail beverages that do not use authentic moonshine as a base. THE ORIGINS OF MOONSHINE Making alcohol with grains is a practice that goes back hundreds, if not thousands, of years — before the founding of the United States and definitely before the founding of the modern South.

• European farmers and common people would often ferment grains and make their own whiskey as early as the 16th century (and most likely before this).
• The term “moonshine” was used at this point to refer to this alcoholic drink.
• In America, moonshine has its origins in the major grain-producing states and those considered “frontier” areas such as early Pennsylvania, Kentucky, and Tennessee and several states in the modern South.

Because moonshine was so simple to make with excess grains, farmers would often make moonshine whiskey with their extra grains left over after a harvest so that nothing would be wasted. HOW MOONSHINE WAS ORIGINALLY MADE Moonshine, unlike some other alcoholic beverages, has a simple recipe and can be made by anyone.

Cornmeal Sugar Yeast Water

First, the corn was ground into cornmeal and soaked in hot water. Sometimes sugar was added at this point. Yeast was sprinkled in to start the fermentation of the corn in the water. At this point, the mixture was called “mash” (modern moonshiners will often still use this term).

The mash was heated and stirred as the alcohol evaporated into a barrel and then pumped into another proofing barrel. There was no aging period or amount of time that the moonshine needed to sit out before it was ready to consume — and the same is true of the process today. THE LEGAL STATUS OF MOONSHINE Moonshiners and bootleggers are often confused with one another, but these words refer to two different activities.

Moonshiners simply made the alcohol, while bootleggers were individuals notorious for hiding flasks of alcohol in the tops of their boots — naturally — in the 1800s. Bootleggers eventually used cars to smuggle alcohol wherever they liked. Moonshiners were the producers in this operation, while bootleggers were the “runners” or those who hid and transported this illicit alcohol around the area.

Bootleggers could be moonshiners as well, but moonshiners were not necessarily bootleggers. According to federal law, making alcohol at home is considered illegal. You can be heavily fined if you attempt to distill alcohol without a permit — but artisan distilleries, including those in Tennessee, Kentucky, Georgia, South Carolina, and Alabama, can produce legal moonshine.

Moonshine tourism has grown over the last decade due to the opening of small moonshine distilleries in these states. MOONSHINE OVER THE YEARS Fortunately for moonshine lovers, the Prohibition era is over, and alcohol is no longer restricted for those over 21 years of age; however, creating moonshine at home is still frowned upon by the federal government.

This doesn’t mean it’s illegal everywhere. The practice of making alcohol in secret has been translated over the years to making a profit in small, local distilleries. The legalization of moonshine in certain states in the early 2000s and 2010s led to the opening of several local locations specializing in artisan drinks and cocktails made with real moonshine.

If you’re on the lookout for local moonshine drinks in the Smoky Mountain area, including Gatlinburg and Sevierville, be careful that you prioritize distilleries that make their own moonshine. Authentic moonshine, as you’ve learned by now, is not simply whiskey that’s mixed with flavors to create the popular moonshine cocktails that are prevalent in the area today.

MOONSHINE TODAY People who want to taste authentic moonshine don’t have to brew their own at home in their bathtubs (yes, the drink was actually made this way at a few points in history). If y’all are interested in learning about local history and tasting real moonshine-based drinks, you’re in luck! Moonshine tours are quickly becoming a popular recreational activity for those interested in the history of the craft and tasting some of the most popular beverages in the region.

At Tennessee Shine Co., we’ve got four locations and a varied menu of moonshine for even the pickiest alcohol connoisseur. MOONSHINE TOURS AND TASTING At Tennessee Shine Co., we’re aware of the long and winding history of the moonshine that exists in our state — and we strive to respect this legacy and educate others about the craft when they visit our region.

1. Quality matters.
2. Our moonshine whiskey, shine wines, and moonshine-based drinks are unique in this respect: We use our real, on-site-produced moonshine as a starting point for all of our drinks on our menu — even our pumpkin spice moonshine! If you’re interested in learning more about our products, participating in free tastings with our shop’s bartenders, or taking our Moonshine History Tour in Sevierville, please get in touch today.

We look forward to meeting you and introducing you to the living history of the moonshine craft!

Can you bring alcohol into Tennessee?

Laws Vary State by State – It is generally not against the law to bring alcohol into a state. However, there are a few exceptions. In California, you can bring alcohol into the state as long as it is for personal use. Generally speaking, this means you can bring in around 60 liters, or the equivalent of five cases.

Is it illegal to sell moonshine in Tennessee?

Moonshine Day: Tennessee’s history with the once forbidden spirit Charlie Reecer and Dewey Smith sampling a batch of moonshine, Clay County, Tennessee, ca.1920-1925. Looking Back at Tennessee Collection, Tennessee Charlie Reecer and Dewey Smith sampling a batch of moonshine, Clay County, Tennessee, ca.1920-1925. Looking Back at Tennessee Collection, Tennessee State Library and Archives

by: Posted: Jun 5, 2021 / 05:00 AM CDT Updated: Jun 4, 2021 / 03:33 PM CDT

NASHVILLE, Tenn. (WKRN) — Moonshine, just in the last decade, has become a legal alcoholic drink to manufacture, but unlike beer and wine, it’s still illegal to make without a proper license. Manure, paint thinner, anti-freeze, and embalming fluid are just a few hazardous ingredients that were used to make illegal moonshine during the prohibition era, according to the Tennessee State Library and Archives.

Two men posing in front of a moonshine still, Claiborne County, Tennessee, 1903. Looking Back at Tennessee Collection, Tennessee State Library and Archives. Moonshine still, Clay County, Tennessee, 1918. Looking Back at Tennessee Collection, Tennessee State Library and Archives Daniel Duesst (pronounced “due east”) with his gun, his dog, and his jug of moonshine Sequatchie County, Tennessee, ca.1900. Looking Back at Tennessee Collection, Tennessee State Library and Archives Sheriff Mike Boatright and others with confiscated stills, Elizabethton, Tennessee, ca.1940s. Looking Back at Tennessee Collection, Tennessee State Library and Archives Charlie Reecer and Dewey Smith sampling a batch of moonshine, Clay County, Tennessee, ca.1920-1925. Looking Back at Tennessee Collection, Tennessee State Library and Archives Sheriff and deputies surrounding broken stills beside the Presbyterian Church, Jonesborough, Tennessee, 1920. Looking Back at Tennessee Collection, Tennessee State Library and Archives Sheriff Mike Bootright and deputies with a confiscated moonshine still, Elizabethton, Tennessee, ca.1940s. Looking Back at Tennessee Collection, Tennessee State Library and Archives Bob Holland, Sheriff J.L. “Fate” Smith, and deputies after a raid on a still, Humphreys County, Tennessee, ca.1920s. Looking Back at Tennessee Collection, Tennessee State Library and Archives A moonshine still being “busted,” Grundy County, Tennessee, ca.1900. Looking Back at Tennessee Collection, Tennessee State Library and Archives

And though, prohibition lasted in Tennessee from 1920 to 1937, its history with the distilled spirit dates back hundreds of years. Scott-Irish settlers brought their whiskey making skills to the Appalachian mountains in the late 1700s. Traditionally, the European liquor is made with malted barley.

But, Smokies settlers used corn. When a Whiskey Tax was enacted in 1802, it drove many makers to produce their product in secret. The corn-based liquor was crafted under the cover of night. Hence, the name “moonshine.” Moonshine is also synonymous with untaxed liquor. It’s still illegal to manufacture liquor in Tennessee without a proper license.

Ole Smoky Distillery in Gatlinburg became the first licensed moonshine distillery in Tennessee. It opened in 2010. Copyright 2023 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. : Moonshine Day: Tennessee’s history with the once forbidden spirit

Is moonshine legal anywhere in the US?

Where is Moonshine Legal? – Even though there is a federal law against moonshine, there are several states that still allow it. it. In Alaska, Arizona, Massachusetts, and Missouri, you can produce moonshine for personal consumption only. Arizona requires a permit to produce your own moonshine.

• Massachusetts mandates that moonshine is consumed on your own property only.
• Any transporting will be seen as an attempt to sell, which will result in steep fines.
• Missouri puts a 200 gallon per year on the amount of moonshine that can be produced.
• North Dakota has an interesting law regarding the production and consumption of moonshine.

State law makes it legal to produce personal-use moonshine with one limitation; people can only produce up to the federally allowed number of gallons. Since the federal law bans moonshine production, this means people could produce zero gallons.

Can you walk around with alcohol in Tennessee?

Can You Walk On The Streets With A Beer In Nashville? – 2023 Yes, you can walk the streets with a beer, but it must be in a paper or plastic cup. It is against the law in Nashville to walk the streets with an alcoholic drink in a glass, aluminum, or metal container. If, however, you are walking back to your hotel or home with unopened alcohol that you bought from the store, that is fine since it’s still commercially sealed.

in Nashville, commonly called the “Solo Cup Law” states that “it shall be a violation for any person, while in or on a street, alley, sidewalk, parking lot, parking garage or other area generally open to the publicto have in their possession beer, ale, wine or other alcoholic beverage for the purpose of consumption in a glass, aluminum, or metal container unless such container is commercially sealed.” An to the law was put forward that would ban even paper or plastic cups.

It seems, however, that the hearing has been pushed out indefinitely. So for now the existing law stands that you can walk around Broadway with a paper or plastic cup with alcohol. : Can You Walk On The Streets With A Beer In Nashville? – 2023

Can you drink with a gun in Tennessee?

Possession of Handgun Under the Influence Attorney Assisting Those Facing Criminal Charges in Nashville Many people value their right to possess firearms for protection, as well as for sport and recreation. In some situations, handgun rights are limited by Tennessee laws for the protection and safety of others.

Using or possessing a handgun while under the influence of alcohol or is a crime in Tennessee. If you have been arrested for having a handgun while under the influence, you can fight the allegations with a Nashville gun crime lawyer. Bernie McEvoy has defended people facing charges for handgun possession and other gun crimes throughout Davidson and Williamson Counties.

He can represent you in your defense and provide you with assistance for a possession of handgun under the influence case. Possession of Handgun Under the Influence in Tennessee Most residents of Tennessee may lawfully own handguns and other firearms.

• Nevertheless, Tennessee has several laws in place to ensure that armed people are not careless.
• Handguns, in particular, are strictly regulated by state and federal laws.
• Under Tennessee law, a handgun is defined as any firearm with a barrel length of less than twelve inches that is designed or modified to be fired with one hand.

In Tennessee, residents generally must have a valid permit for or open carry of a loaded handgun. Even with a permit, however, it is illegal to possess a handgun under certain circumstances. Specifically, Tennessee law prohibits people from carrying a handgun while consuming drugs or alcohol.

Possessing a handgun under the influence of alcohol or a controlled substance is a Class A misdemeanor in Tennessee. To get a conviction, the state must establish beyond a reasonable doubt that the defendant intentionally, knowingly, or recklessly possessed a handgun while under the influence of alcohol or a controlled substance.

It is not a defense to prosecution that the defendant had a valid permit to carry a handgun. It is also illegal to possess any firearm, including a handgun, while drinking alcohol at a bar or other similar establishment in Tennessee. The prosecution must prove that the defendant possessed a firearm, while consuming any alcoholic beverage, within the confines of an establishment open to the public where liquor, beer, wine, or other alcoholic beverages are served for consumption on the premises.

Unlawful possession of firearm where alcoholic beverages are served is a Class A misdemeanor. If convicted of possession of a handgun under the influence or where alcoholic beverages are served, a defendant may face up to 11 months and 29 days in jail and/or a fine not to exceed $2,500. The defendant must also surrender their handgun permit, if they have one.

Following a conviction, the defendant may not carry a handgun until the terms of their sentence and probation are completed, any fines and/or restitution are paid, and their permit is reinstated. If the violation was committed in a bar, the defendant’s handgun permit may be suspended for a period of three years.

It is important to note that there may be potential defenses against a charge for possessing a handgun while under the influence or where alcohol is served. One example may be the possession of a handgun in justifiable self-defense or defense of another during the commission of a crime. An attorney can advise you of any defenses that may be available in a specific case involving charges for possession of a handgun under the influence.

Retain a Lawyer in Nashville to Fight a Charge for Possession of Handgun Under the Influence If you are facing prosecution for possessing a handgun while under the influence, you can hire a defense attorney to assist you. Lawyer Bernie McEvoy protects the rights of people who have been charged with gun crimes and other criminal offenses in Nashville, Franklin, and other areas of Davidson and Williamson Counties.

What are the blue laws in Tennessee?

Blue Laws in Tennessee – Liquor laws in Tennessee are complicated and vary by jurisdiction. Still, their Sunday blue laws prohibit bartenders from allowing alcohol to be consumed on-premises between 3 am and either 10 am or noon (depending on whether the local government allows extended hours for alcohol sales).

How to find real moonshine in Tennessee?

Alcohol / Moonshine Still Sites in Tennessee By Jared Barrett The alcohol or “Moonshine” still is one of the first things that comes to mind when one thinks of the green hills of Tennessee. Moonshine and stills are ingrained in Tennessee culture; they are featured in one of the official state songs of Tennessee “” and now you can legally purchase moonshine (or White Lightning) in Gatlinburg from such distillers as Ole Smokey Moonshine, Sugarlands Distillery, or Doc Collier Moonshine just to name a few.

This post will feature the moonshine still as an archaeological site type still found throughout Tennessee. Over 125 examples of this site type have been recorded throughout the Big South Fork National River and Recreation Area (Pace and Gardner 1985; Smith and Des Jean 2007). A typical set up of a moonshine still consists of a stone furnace and still pot, thump keg, and condenser, all interconnected with copper tubing (Pace and Gardner 1985).

These sites are also typically hidden away from view, due to the illicit activity associated with them and to keep them out of site from law enforcement or competitors. Figure 1. Typical example of what the layout of a moonshine still looks like. From left to right: stone furnace and still pot, thump keg, jug for collection, and condenser (from Pace and Gardner 1985). This post will feature examples of moonshine still sites recorded during the National Historic Preservation Act (NHPA) Section 106 compliance archaeological surveys carried out in Roane and Marion Counties, Tennessee in support of Tennessee Valley Authority (TVA) projects.

Two were identified in Roane County near the Clinch River in 2011 and six were identified in Marion County on top of Raccoon Mountain in 2010. The moonshine still sites discussed in this blogpost generally date from the early to mid-twentieth century although these types of sites can also date to earlier time periods as well.

These sites were identified in several locations including heavily wooded hillslopes, behind existing obstructions, rockshelters, and caves (Figures 2-5). As you can see from the photos, the terrain, location, and hillslope would make it difficult to spot these sites if simply driving or walking by. Figure 2. Stone furnace (in center) and broken 10 gallon stoneware vessel identified on wooded hillside near the Clinch River in Roane County (photo by author). Figure 3. Firebox/furnace identified behind large rock obstructions along base of ridge on Raccoon Mountain in Marion County (photo by author). Figure 4. Firebox/furnace identified within a rockshelter on Raccoon Mountain in Marion County (photo by author). Figure 5. Remains of a destroyed moonshine still identified in a cave near the Clinch River in Roane County. Note the metal rings in the center of the photo from either a thump keg or condenser (photo by author). The main features typically uncovered with this site type were the firebox/furnace (see Figure 2 and Figure 6).

Artifacts identified associated with these these types of sites include barrel bands (from thump kegs or condensers), metal pot or “still pot” (with lid), broken glass canning jars, including Mason jars, large sections of sheet metal (from either metal barrels used for the keg or condenser or still pot), and pieces of stoneware and other ceramic vessels (see Figure 5 and Figures 8 and 7).

Interesting to note is there was no copper tubing uncovered at any of the sites during our survey efforts. These types of materials were likely salvaged for subsequent use at other still sites. Figure 6. Firebox/furnace and sheet metal tank identified at one of the moonshine still sites identified on Raccoon Mountain in Marion County (photo by author). Figure 7. Broken glass jar fragments uncovered in small stream near one of the moonshine still sites identified on Raccoon Mountain in Marion County (photo by author). Figure 8. Metal lid for still pot recovered from one of the moonshine still sites identified on Raccoon Mountain in Marion County (photo by author). One interesting aspect identified on some of the sheet metal recorded at one of the moonshine still sites on Raccoon Mountain featured puncture marks from what appears to be from a pickaxe or axe (Figure 9). Figure 9. Overview of puncture marks identified on sheet metal at one of the moonshine still sites identified on Raccoon Mountain in Marion County (photo by author). Alcohol / Moonshine still sites can still offer much information to the history of the production of alcohol in Tennessee, especially when taken collectively.

Next time you think of moonshine or take a sip, think back on these archaeological sites, their history, and the information they can continue to provide for future generations. References: Barrett, Jared, Kelley Hockersmith, Ted Karpynec, and Larry McKee 2011 Phase I Archaeological Survey of the Clinch River Small Modular Reactors Project (SMR), Roane County, Tennessee,

Report prepared by TRC Environmental Corporation. Report submitted to the Tennessee Valley Authority. Report on file at the Tennessee Division of Archaeology. Barrett, Jared and Ted Karpynec 2010 Phase I Cultural Resources Survey of the TVA Raccoon Mountain Pumped Storage Plant Outdoor Transformer Yard Project, Marion County, Tennessee,

• Report prepared by TRC Environmental Corporation.
• Report submitted to the Tennessee Valley Authority.
• Report on file at the Tennessee Division of Archaeology.
• Pace, Robert A.
• And Jeffrey W.
• Gardner 1985 Exploring Dimensions of Illegal Liquor Manufacture: Moonshining as a Cottage Industry in the Southern Appalachians.

Tennessee Anthropologist, Volume 10 (1) Smith II, Timothy J. and Tom Des Jean 2007 The Geography of Illegal Distillery Sites in the Big South Fork National River and Recreational Area, Paper presented at the 20th ANnual Meeting of Current Research in Tennessee Archaeology Conference, Nashville.

Has any of the Moonshiners died?

Every single ‘Moonshiners’ cast member death, explained. – In the 10 years since Moonshiners made its television premiere, only one cast member has died. In March 2021, news outlets confirmed that Lance Waldroup was dead at age 30. According to TMZ, his mother discovered him unconscious in his bed.

When did moonshine become legal in Tennessee?

Where to Try Smoky Mountain Moonshine – Around 2009, changes in Tennessee state law paved the way for the creation of legal moonshine. Today, visitors to the Smokies can visit a number of awesome distilleries that sell authentic white whiskey. For just $5 you can sample some moonshine right in the store, and that money is applied to the purchase of any jar of moonshine you want to take home.

Ole Smoky Moonshine Doc Collier Moonshine Sugarlands Distilling Company Old Forge Distillery