A U.S. Court of Appeals in New Orleans ruled that a ban on home distilling which dates to 1868 is unconstitutional, according to multiple news outlets.

According to United Press International, the law was enacted in order to prevent people from evading tax collectors as part of a law that placed excise taxes on distilled spirits and tobacco. But the law was challenged, resulting in New Orleans’ Fifth Court of Appeals’ decision on Friday to overturn the law.

The court’s ruling said the law was passed in the first place because a private distilling operation could more easily conceal proofs of its spirits or hide the operation completely.

But per UPI’s reporting, the court ruled that, “Congress’s taxing power ‘reaches only existing subjects,’ not activity that may generate subjects of taxation. Put otherwise, preventing activity that lest it give rise to tax evasion places no limit whatsoever on Congress’s power under the taxation clause.”

Home production of beer and wine has been legal for decades, but not for distilled spirits. 

The lawsuit was brought by a manufacturer of stills for legal distilling operations, as he sought to make bourbon had home to share with friends and family. To pursue this, UPI reported, he founded the Hobby Distillers’ Association (HDA). Members of the group supported the lawsuit.

The organization said the ruling means that people will be able to obtain permits to run a home distillery. 

The HDA called the ruling “a major victory” and “a turning point for hobby distillers nationwide.”

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