Lazer Posted November 1, 2013 Share Posted November 1, 2013 Just saw this.http://www.newsday.com/business/schumer-calls-for-end-to-ban-on-mailing-liquor-beer-wine-1.6350533PM me if you need my address. Link to comment Share on other sites More sharing options...
mbroo5880i Posted November 1, 2013 Share Posted November 1, 2013 He must have just received his TPS e-mail. Link to comment Share on other sites More sharing options...
petrel800 Posted November 1, 2013 Share Posted November 1, 2013 "Wednesday, Sen. Charles Schumer . . . called to overturn the law barring the post office from shipping beer, wine and liquor. The move, he said, would boost New York's growing wine and craft-beer industry and give the beleaguered postal service a needed revenue shot."Why not just come out and state that it makes no sense that a legal product be regulated through layers of red tape, 3 tier systems offering government protection to distributors and that consenting adults have the ability to make a determination if they want to buy, sell, and ship alcohol to each other. Why not just revert to freedom instead of well I'm OK with it as long as we can get more money out of the deal. Drives me up a wall. Link to comment Share on other sites More sharing options...
loki993 Posted November 1, 2013 Share Posted November 1, 2013 Im not sure hes calling for a end to the 3 tier system just to allow the mailing of alcohol through the postal service...so im effect it really wont do much at all.....I think wineries can ship direct to consumers but breweries cannot..so it wouldn't help them at all... Link to comment Share on other sites More sharing options...
squire Posted November 1, 2013 Share Posted November 1, 2013 Teenagers can order prescription painkillers over the internet but the brewery down on the Coast of my home State can't mail me a fresh brew. Arrgh . . . must think happy thoughts, must think happy thoughts . . . Link to comment Share on other sites More sharing options...
Richnimrod Posted November 1, 2013 Share Posted November 1, 2013 But, But, doesn't the Government always know best?????Please, reassure me that it's so.....:shocked: Link to comment Share on other sites More sharing options...
mbroo5880i Posted November 1, 2013 Share Posted November 1, 2013 But, But, doesn't the Government always know best?????Please, reassure me that it's so.....:shocked: Let me reassure you that if you have a favorite spirit, you can keep getting that favorite spirit. This law will not change that. jk, anyway, this might be great for NY, but they still wouldn't be able to ship to Indiana. Link to comment Share on other sites More sharing options...
loki993 Posted November 1, 2013 Share Posted November 1, 2013 Teenagers can order prescription painkillers over the internet but the brewery down on the Coast of my home State can't mail me a fresh brew. Arrgh . . . must think happy thoughts, must think happy thoughts . . .Not even in the same state...trust me Ive asked...lol Link to comment Share on other sites More sharing options...
sutton Posted November 1, 2013 Share Posted November 1, 2013 The Supreme Court addressed this but the states can still make their own decisions. So this will never get fixed without a federal law which won't happen when 50 states have in-state interests that prevent them from agreeing. Link to comment Share on other sites More sharing options...
P&MLiquorsEric Posted November 1, 2013 Share Posted November 1, 2013 Part of the repeal of prohibition was to give states authority to enact and enforce their own rules relating to alcohol. The Feds allowing the post office to ship alcohol won't change state rules regarding the shipping of alcohol. Link to comment Share on other sites More sharing options...
sutton Posted November 1, 2013 Share Posted November 1, 2013 Part of the repeal of prohibition was to give states authority to enact and enforce their own rules relating to alcohol. The Feds allowing the post office to ship alcohol won't change state rules regarding the shipping of alcohol. Link to comment Share on other sites More sharing options...
MauiSon Posted November 1, 2013 Share Posted November 1, 2013 True, but do states have any capability or authority for inspecting US Mail packages? Link to comment Share on other sites More sharing options...
sutton Posted November 2, 2013 Share Posted November 2, 2013 Hmm...you know that is interesting. Probably not. However, I'm sure if the state AG wanted to, he could get a subpoena from a Federal judge. Not sure I'd want to risk my business to be the test case. Link to comment Share on other sites More sharing options...
oke&coke Posted November 2, 2013 Share Posted November 2, 2013 On that note since federal law would trump state wouldn't the shipments be allowed? Link to comment Share on other sites More sharing options...
P&MLiquorsEric Posted November 2, 2013 Share Posted November 2, 2013 On that note since federal law would trump state wouldn't the shipments be allowed?Federal law doesn't trump state laws. It simply means that you won't be committing a federal crime. Those state prisons aren't country clubs. Link to comment Share on other sites More sharing options...
sutton Posted November 2, 2013 Share Posted November 2, 2013 I'm no constitutional expert - but depends which court has authority. If the issue at hand isn't explicitly or implicitly granted to the Fed by the U.S. Constitution, than the state's constitution/laws would likely apply. Currently state law seems to be the authority with respect to alcohol shipping, so I doubt something like the U.S. Mail can be used to violate state law, would be my guess - pure speculation on my part though. Link to comment Share on other sites More sharing options...
P&MLiquorsEric Posted November 2, 2013 Share Posted November 2, 2013 I'm no constitutional expert - but depends which court has authority. If the issue at hand isn't explicitly or implicitly granted to the Fed by the U.S. Constitution, than the state's constitution/laws would likely apply. Currently state law seems to be the authority with respect to alcohol shipping, so I doubt something like the U.S. Mail can be used to violate state law, would be my guess - pure speculation on my part though. Link to comment Share on other sites More sharing options...
Jackinbox Posted November 4, 2013 Share Posted November 4, 2013 The state ABC licenses a business. State law forbids shipping. Shipping through the USPS might not be a federal crime but the state ABC might be inclined to pull your license. Until they figure out how to get taxes from an out of state vendor operating outside their jurisdiction, it will remain illegal in most states. Always follow the money when it comes to alcohol laws. Link to comment Share on other sites More sharing options...
P&MLiquorsEric Posted November 4, 2013 Share Posted November 4, 2013 I'm not sure if there is a definitive list as laws are always changing. Some states allow shipping of certain products (wine) but not others.Some states don't expressly forbid it which allows out of state vendors the opportunity but not in state vendors. Other states say no way, no how, not within our state. Link to comment Share on other sites More sharing options...
LCWoody Posted November 5, 2013 Share Posted November 5, 2013 I would much rather UPS or FedEx handle my bourbon. USPS can barely get junk mail to me, I definitely don't want them handling something as precious as bourbon. Link to comment Share on other sites More sharing options...
ChainWhip Posted November 5, 2013 Share Posted November 5, 2013 I would much rather UPS or FedEx handle my bourbon. USPS can barely get junk mail to me, I definitely don't want them handling something as precious as bourbon.I'm for it even if I don't use USPS most of the time. It just adds a little more momentum towards opening things up.Also, it seems a bit inconsistent for some states to enforce shipment of alcohol over taxes and then allow shipment of other products without regards to taxation. Link to comment Share on other sites More sharing options...
squire Posted November 5, 2013 Share Posted November 5, 2013 States tax alcohol and tobacco because they have public support which they don't have for ordinary consumer goods. Link to comment Share on other sites More sharing options...
MauiSon Posted November 5, 2013 Share Posted November 5, 2013 (edited) Also, it seems a bit inconsistent for some states to enforce shipment of alcohol over taxes and then allow shipment of other products without regards to taxation. Edited November 5, 2013 by MauiSon Link to comment Share on other sites More sharing options...
AnotherCigarGuy Posted November 5, 2013 Share Posted November 5, 2013 Not really. Most States 'require' you to pay in-state taxes on all purchases delivered from out-of-state voluntarily. They simply have no efficient mechanism to enforce those laws YET. Link to comment Share on other sites More sharing options...
TunnelTiger Posted November 5, 2013 Share Posted November 5, 2013 We'll be able to buy marijuana legally from the big tobacco boys in all 50 states before they'll ever allow liquour by mail. Link to comment Share on other sites More sharing options...
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