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A felony for possession in Iowa?

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A felony for possession in Iowa?

Postby Nathan » Wed Apr 21, 2004 5:59 am

I've asked a cop and talked to Strauss Lock in Des Moines and they both have said that if i get pulled over for speeding and see my pick set it is a class "C" felony. Could anyone clarify this because I really dont want a felony when Im only 17? I tried searching but the law thread was locked. Delete this if it has already been posted.
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Postby Mad Mick » Wed Apr 21, 2004 7:28 am

Your best bet is to not carry your picks at any time. Hobby picking within the confines of your own home is fine, transporting your picks in public is asking for trouble. I'm a hobby picker, but use the tools for my job (automotive) so I've got sort-of an excuse for transporting them. However, this is not done very frequently - only going to or coming back from a job. When I'm off the clock, I'm in the same boat as the rest of the hobby pickers and don't fancy taking any chances.

Hope this helps.
Image If it ain't broke.....pull it down and see how it works anyway!
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Postby Nathan » Wed Apr 21, 2004 7:41 am

I just dont really see the purpose of these laws. A "c" class felony is going over board. Shoot I can make things that do much more harm then a potential burglary and only get a misdemeanor.


The hand of Chucklz reached into this post to obliterate the poor choice of language
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Postby Mad Mick » Wed Apr 21, 2004 7:51 am

I agree with you, but the laws are what they are. Also, could you please refrain from inapropriate language.....thanks.
Image If it ain't broke.....pull it down and see how it works anyway!
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Postby CitySpider » Wed Apr 21, 2004 10:12 am

I'm pretty sure that the only place where it's illegal to possess lockpicks is DC. That's not to say you won't get arrested for it, though. The police offer's job is to enforce the law, not to know the minutiae of every little law on the books.

Find out for yourself. I'm not sure what you mean by "the law thread is locked," that shouldn't stop you from reading it, and there are certainly other places to find the information.
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Postby Varjeal » Wed Apr 21, 2004 10:29 am

BTW, locking a thread ONLY keeps further posts from being added to a thread (unless it's a moderator). Reading is still available.
*insert witty comment here*
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re:

Postby scientist » Thu Apr 22, 2004 9:20 pm

I dont agree with it, but then again I cant say it surprises me. With lockpicks the laws have drifted twoards the same as they are with non-lethal weapons(pepper spray and more advanced)...you can own them, just dont let the cop see them or "know" about them. I have personally carried a simple set with me around New York City without any issue, but then again I don't tend to get into issues with cops(also, I was just carrying it to show off to a friend on some of the locks inside his house)

-sCi
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Postby Chribbe » Fri May 07, 2004 3:40 am

Wow your laws are messed up.... in sweden we can run around with em in our hand waveing at the police and they wont care...


Chucklz had to edit this for language. Comeon guys, read the rules!
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Postby Mad Mick » Fri May 07, 2004 4:41 am

Watch your language Chribbe!!
Image If it ain't broke.....pull it down and see how it works anyway!
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Speaking of bad language....

Postby Romstar » Fri May 07, 2004 4:45 am

Wow your laws are messed up.... in sweden we can run around with em in our hand waveing at the police and they wont care...


Well, I wish it was that way all over the place Chribbe. However, there are way too many people who believe you can prevent crime by restricting tools.

If someone is going to rob a home, business or vehicle they aren't going to pick the locks. They're going to kick the door in, or smash the window.

Keep in mind, that laws are often made by frightened old men, or people with an agenda. The old men are just foolish enough to believe that lock picks somehow grant magical entry. The agenda people most often want to keep a secret.

Either way, you get bad laws.

Happy picking,
Romstar

Edited by Phen - Nice one, lets NOT quote bad language next time. :P
Image
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Iowa law...

Postby Abus » Fri May 07, 2004 10:02 pm

Umm, based on a quick glance at the applicable Iowa law, they're shouldn't be a problem with transporting lockpicks, AND it isn't a felony anyway:

"713.7 Possession of burglar's tools.
Any person who possesses any key, tool, instrument, device or any explosive, with the intent to use it in the perpetration of a burglary, commits an aggravated misdemeanor."


Possesion with intent to use it radically different from simple possesion...simple possesion, such as having a vial of crack cocaine in your pocket without intent to use or distribute doesn't require the intent element. In this case, they have to proove that you have the intent to commit a burglary, not that you merely had lockpicks.



As a side note, I highly reccomend that whenever you carry lockpicks that you also carry a number of practice locks or cyliders with you, it helps reenforce the legit nature of what you're doing.
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Postby ADDBoy » Mon Jun 28, 2004 11:51 am

I was reading up on some law thread, however, and I think part of the problem is some states have something called "implied intent," where it's assumed that since you have them, the only reason you've got them is just to commit a crime :roll:
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Postby Wooderson » Fri Jul 02, 2004 10:04 am

I'm from Iowa too and I don't think that it is very likely you'd be convicted of a felony for possession of these.

It is much more likely that the cop just doesn't like teenagers and is giving you his standard "line" to try and scare you. The guys at Strauss might be doing the same thing. I was a teenager too, and I remember getting harassed by the police just because of my age.

Of course, this may be a different story if you actually have some sort of record already with the police. In that case I would leave them at home.

If you've got a clean record then I don't see this being a problem. Especially if you carried around some practice locks with you, maybe some lessons from Foley-Belsaw or something to show that you were an "apprentice" locksmith.
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About possession with intent

Postby raimundo » Sun Jul 11, 2004 11:07 pm

In minnesota, intent to use a 'burglary tool' (could be a screwdriver or any of the usual things, but not a size 12 boot on the foot), is considered a given if the person has prior convictions for burglary. the police and prosecutors nor the public defenders will not tell you this, they will all try to get you to plead guilty to possession with intent to commit burglary, and they will give you the soft sell, telling you how easy it is to plead guilty, how little the sentence, the pettiness of the misdemeanor. Under no circumstances should you plead guilty to this charge, since it would mean that in the future, you are automatically guilty when found to posses picks. Another charge is called lurking with intent. intent is considered proven if you have prior convictions. Lurking with intent could be lurking with intent to commit prostitution, which means that a woman who has pled guilty to that in the past could be picked up and charged for waiting for a bus. In the more relavent case its 'lurking with intent to commit burglary. A burglar who had used the thundering hoove method could probably be picked up for being outside with shoes on. The thing to remember is, never plead guilty if you are innocent, its just the beginning of a life of harrassment if you do that.
Wake up and smell the Kafka!!!
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Postby seahawk » Tue Oct 05, 2004 8:57 am

good tips^^^^^ some people already harass you enough
k-razy
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