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  • ZenDaddy
    Member
    • May 2010
    • 403

    High Octane Post SHTF Barter Item Question

    Hey folks I have a question...

    I just inherited a supply of Old Crow whiskey that my uncle bought a few years ago as a potential barter item should shtf. I'm talking some serious booze here; he gave me four cases with 48 half pints of hootch in each case. Here is my issue; I have several friends who are on the permanent wagon that spend significant amounts of time at my house that don't need that kind of temptation. I don't want these around and I would like to sell them. Is it legal to sell booze at a yard sale or to a private buyer? Could I get in trouble with ATF?

    What do you think?
    Last edited by ZenDaddy; 09-28-2010, 4:57 PM.
    ZD




    "The trouble with our liberal friends isn't that they are ignorant, it's just that they know so much that isn't so..." Ronald Reagan 1964
  • #2
    ocspeedracer
    Senior Member
    • Dec 2008
    • 1147

    i think i wish you were in so cal. i don't think there's anything wrong, but i really don't know, just make sure the people are 21.

    Comment

    • #3
      ZenDaddy
      Member
      • May 2010
      • 403

      I think I am going to rephrase the question; Does anybody know how to legally sell or trade a personal inventory of 2000 ml bottles of Whiskey while a resident of California?

      I think that my Uncle was inspired to get these as barter items. Can you picture being the guy with 240 little bottles of hootch? I think it might actually be up there with antibiotics and ammo.
      Last edited by ZenDaddy; 09-28-2010, 10:17 AM.
      ZD




      "The trouble with our liberal friends isn't that they are ignorant, it's just that they know so much that isn't so..." Ronald Reagan 1964

      Comment

      • #4
        olhunter
        CGN Contributor
        • Dec 2008
        • 3707

        Just host a giant build party.

        The guns might be kinda funky looking and perhaps unshootable, but everyone will have a good time.

        If not, you need a liquor license to sell it, even to friends. Technically.
        It cannot be inherited, nor can it ever be purchased.
        You and no one alive can buy it for any price. It is impossible to rent and cannot be lent.
        You alone and our own have earned it with...Your sweat, blood and lives. You own it forever.

        The title is....."United States Marine".


        sigpic

        Comment

        • #5
          Cali-Shooter
          Calguns Addict
          • Oct 2009
          • 9192

          The following is information from Wikipedia, so do NOT take it as law.



          In Glock We Trust.
          Originally posted by jeep7081
          My wife sleeps better knowing we have a zombie killer... Saiga AK47! Although my neighbor with his AR has restless nights.
          Originally posted by AleksandreCz
          Thank god the Federal Government is there to protect us from the Federal Government
          WTS: Revision 'Desert Locust' tactical Ballistic/Protective eyewear goggles NEW & USED pairs
          http://www.calguns.net/calgunforum/s...d.php?t=737563

          Comment

          • #6
            ZenDaddy
            Member
            • May 2010
            • 403

            Originally posted by Cali-Shooter
            The following is information from Wikipedia, so do NOT take it as law.



            http://en.wikipedia.org/wiki/List_of...tates_by_state
            So, are you saying you believe this means I can safely sell my stash? Or are you saying I can safely throw a big party?! I like the idea of a party, but I dont drink and would really like to use the proceeds from the sale of the stash to follow through on the spirit of the gift and augment my preparedness storage....... hmmmm
            ZD




            "The trouble with our liberal friends isn't that they are ignorant, it's just that they know so much that isn't so..." Ronald Reagan 1964

            Comment

            • #7
              olhunter
              CGN Contributor
              • Dec 2008
              • 3707

              Originally posted by ZenDaddy
              So, are you saying you believe this means I can safely sell my stash? Or are you saying I can safely throw a big party?!
              No, you can't sell your stash (legally).

              Yes, you can throw a big party. But you can't charge for the alcohol. You can charge admission, charge for the chips and dip, even charge to swim in the pool, but not for the booze.

              UPDATE - Ok, you might be able to sell it. Only to a licensed person though and if you meet the criteria for executor or administrator of your uncle's estate. This is from the B&P (Business and Profession) code -

              23104.4. An executor or administrator of the estate of a deceased
              person who was not a licensee at the time of his death but in whose
              estate there is included an inventory of alcoholic beverages, or the
              guardian or conservator of the estate of an incompetent person in
              whose estate there is included an inventory of alcoholic beverages,
              is authorized to sell such alcoholic beverages to a licensee
              authorized to sell the same in accordance with regulations prescribed
              by the department. Nothing in this division prevents or restricts
              the sale to a nonlicensee of bottled wine included among such
              inventory of alcoholic beverages by such executor, administrator,
              guardian, conservator, or an auctioneer acting as an agent of any of
              the foregoing when the sale is in compliance with Section 24045.8.
              Last edited by olhunter; 09-28-2010, 3:23 PM.
              It cannot be inherited, nor can it ever be purchased.
              You and no one alive can buy it for any price. It is impossible to rent and cannot be lent.
              You alone and our own have earned it with...Your sweat, blood and lives. You own it forever.

              The title is....."United States Marine".


              sigpic

              Comment

              • #8
                ZenDaddy
                Member
                • May 2010
                • 403

                lol

                Party at my place! Admission: $400 ''''''''open bar (limited selection)''''''''''''' Starts at 7:00 ends at 7:15!

                I get the feeling I'm stuck with this hootch
                ZD




                "The trouble with our liberal friends isn't that they are ignorant, it's just that they know so much that isn't so..." Ronald Reagan 1964

                Comment

                • #9
                  faterikcartman
                  Senior Member
                  • Aug 2006
                  • 1404

                  I thought you were selling Old Crow collectible bottles? The value is in the bottle, that's what you're selling right? Not some liquid that may remain in the collectible bottle?
                  Last edited by faterikcartman; 09-28-2010, 5:25 PM.
                  I am not your lawyer. I am not giving you or anyone else who reads my posts legal advice. I am making off-the-cuff comments that may or may not be accurate and are personal, not professional, opinion. If you think you need a lawyer please retain a qualified attorney in your jurisdiction. Your local bar association may be able to help if you need a referral.

                  Two Weeks!: http://www.calguns.net/calgunforum/a...p/t-59936.html

                  Comment

                  • #10
                    mschliebs
                    Member
                    • Jan 2010
                    • 470

                    I have a couple cases of Two Buck Chuck in the larder and from time to time add a case of 10 one-ounce bottles of Jim Beam. I don't know how the store can afford to sell them for $1.10 each ounce. I also have a couple bottles of Tequila stashed away that are over ten years old. If I were any where near Folsom I would imagine that you could possibly find a few unexplained bill$ laying around on your floor.

                    If you could possibly donate a case this way, ......

                    Comment

                    • #11
                      TurboChrisB
                      Calguns Addict
                      • Mar 2010
                      • 5116

                      I know people sell booze on ebay all the time.....they just write a disclaimer stating they are selling the bottle only but that it is full and unopened...so, it would lead one to believe you don't need a liqueur license to sell it.....and I've seen many times people advertise alcohol on forums.....I've done it. I think you're best bet is on any online forums you belong to...but I'm thinking you're gonna have to sell it pretty cheap.

                      Comment

                      • #12
                        Eljay
                        Veteran Member
                        • Oct 2005
                        • 4985

                        Can't you just stash it someplace in an unmarked box and tell everybody you sold it?

                        Comment

                        • #13
                          olhunter
                          CGN Contributor
                          • Dec 2008
                          • 3707

                          Originally posted by TurboChrisB
                          I know people sell booze on ebay all the time.....they just write a disclaimer stating they are selling the bottle only but that it is full and unopened...so, it would lead one to believe you don't need a liqueur license to sell it.....and I've seen many times people advertise alcohol on forums.....I've done it. I think you're best bet is on any online forums you belong to...but I'm thinking you're gonna have to sell it pretty cheap.
                          Different states, different laws. He's governed by Ca law that says he can't sell it. It might be fine for the eBay seller in Ohio. And when you start carving out perceived loopholes in the law, you're asking for it.

                          Just because you've done it and got away with it, doesn't make it right or legal.

                          Just hang onto it for barter like you said. Save up the other $400 for the other stuff. Or have that party. I would say that even though it's a misdemeanor, it's probably not worth it. It's up to you though.

                          You can't even trade it. -

                          23025. "Sell" or "sale" and "to sell" includes any transaction
                          whereby, for any consideration, title to alcoholic beverages is
                          transferred from one person to another, and includes the delivery of
                          alcoholic beverages pursuant to an order placed for the purchase of
                          such beverages and soliciting or receiving an order for such
                          beverages, but does not include the return of alcoholic beverages by
                          a licensee to the licensee from whom such beverages were purchased.
                          Last edited by olhunter; 09-28-2010, 6:43 PM.
                          It cannot be inherited, nor can it ever be purchased.
                          You and no one alive can buy it for any price. It is impossible to rent and cannot be lent.
                          You alone and our own have earned it with...Your sweat, blood and lives. You own it forever.

                          The title is....."United States Marine".


                          sigpic

                          Comment

                          • #14
                            Peter W Bush
                            Calguns Supreme Overlord
                            CGN Contributor - Lifetime
                            • Jan 2009
                            • 4726

                            You can sell it. It's illegal for a store to purchase it from you for resale.
                            Will trade liquor/wine/beer for parts and accesories and ammo! PM me. Dont drink n shoot. Offer void where prohibited. Must be 21 or older, etc. etc.

                            Originally posted by TURBOELKY
                            Well, glad you got the kit anyways, I'm sure I'll fondle it a little in the near future..... oh God, that's going to be in somebody's signature....:D
                            Originally posted by TURBOELKY
                            put me in line, but if Peter W. Bush takes it, I need to be removed from his Signature line.......:D

                            Comment

                            • #15
                              ZenDaddy
                              Member
                              • May 2010
                              • 403

                              lots of conflicting opinions. The guy at CABC wasn't even entirely sure. I think I'll see if there is any interest in '74 vintage Old Crow glass bottles. They look pretty cool with the embossed raven. I found a '74 print add that would look great in a wall display in the old basement bar.

                              ZD




                              "The trouble with our liberal friends isn't that they are ignorant, it's just that they know so much that isn't so..." Ronald Reagan 1964

                              Comment

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