pennsylvania lockpick laws...

[Burnt_Ice]

I am having trouble finding out what laws apply to the owning of lock picks here in Pennsylvania. I wanted to buy some, and couldn't find laws for Pennsylvania specifically anywhere. I have searched the forums, but all the law threads leave PA blank... thanks in advance!

[mcm151201]

Call a lawyer- they will know the laws better than (probobly) anyone on these forums.

[marso]

http://members.aol.com/StatutesPA/Index.html

Might be a starting point to work out if they have a law about housebreaking or lockpicking devices. If you find it make sure you post here.

[Exodus5000]

Most states have an online version of their state constitution that outline laws. try to pull that up and look under "burglary tools".

[Still Learning]

[putting on Legal Hat for just a moment]
You're going to have a hard time trying to find anything that says "lockpicking" anywhere in PA's Consolidated Statues. Basically, what you are going to find is that PA is one of the states where "lockpicking tools" aren't specifically addressed, and "intent" is more important.
I don't have my crimes code in front of me right now, but in PA, Title 18 is the criminal code, and what you want to look for are Inchoate Crimes. I believe that is Chapter 9 of Title 18.
The only thing I have ever seen anyone charged with that you will probably need to be worried about, at least in Philadelphia, is known as PIC, or Possession of an Instrument of a Crime. If you don't have a legal background it might look rather odd, it's nestled in there with body armor and firearms or other weapons.
In plain english, it's a misdemeanor to possess an "instrument of a crime" with the requisite intent to use it.
PIC is basically a modifier, it's typically used to enhance another crime. I have never seen anyone charged with JUST PIC, but that doesn't mean that it's not possible.
But be warned, if I remember correctly, PIC is a First Degree Misdemeanor, which means you could actually get jail time for a conviction.
Hope that helps.
[/Legal Hat]
Oh, it's also a BIG deal to have what is refered to as a "Vehicle Master Key" that you will face charges for and it is also a First Degree Misdemeanor. And believe it or not, a "master key" is defined as any key that can open more than one lock. So, if you make, have, or give anyone a key that can open 2 or more cars, you'll probably want to get rid of it.
[/REALLY taking off the Legal Hat - I hate that thing ]
-SL

[Burnt_Ice]

so i could possess lock picks, i just couldn't have the intent to use them to open other people's locks. i could use them on my own locks though, correct?

[Still Learning]

That is technically correct. But I wouldn't want to test the understanding of the law that the local authorities in your area have. You must remember that if for some reason you do get charged with it, you must convince a judge that you had the picks on you for some reason OTHER than the intent to open a lock you aren't supposed to be messing with.
I hope you've gotten the answer you wanted, unfortunately most of the time there is nothing perfectly clear-cut with the law.
-SL

[benzy2]

It SHOULDNT(not a cant) be a problem if you stick to picking in your house. It really isnt a good idea to take them out of you house and if you are just doing it for fun there really isnt a big need to take them out. If you are smart about it and just sit in the house with a few locks you cant really get into trouble but if you are out in public where everyone sees you picking a lock it is much easier to take that as intent. Many items can be considered burglary tools. A hammer, screw driver, bolt cutter, and just about every power tool made can be used in an atempt to bust into something. Picks on the other hand have a lot fewer purposes and take a good excuse to get out of. If you have a pick set out and a buch of car stereos it looks bad. As long as you are careful and dont do anything stupid you should be fine. Again i would like to stress should. Many people have them and dont get in trouble but it doesnt mean if things go down the wrong way that you cant get in trouble. I guess im saying just be careful with them and more than likely there will never be a problem.

[Chucklz]

About intent....

The burden of proof is on the prosecution. You don't have to prove you were carrying picks for legitimate reasons, they have to prove beyond a reasonable doubt your intention to use them for criminal purposes.

[Jim S]

I am a locksmith in So Calif, the laws in CA and in most states are pretty much the same, lock picks in the wrong hands are 'crime tools' depending on 'intent' in the eyes of the law - 'NOT your intent.

A lawyer might give you the legal 'mumbo jumbo' on the technicality of the law. - But if I were without a license and wanted to show off MY picks or MY picking 'ability' - - - although I'm not sure why.
I would go to the local police station and ask them and if they do not know then I would ask that they find out -

Reason ? Because they're the ones who are gonna' come and get you and 'take you away' when you get caught with 'burglary tools' - makes sense doesn't it ?

Besides why would you or anybody go around picking locks all over the place anyway? and for what reason unless you were in the business ?
And if you were, you are required to have a license thus making the lock picks legal 'professional' tools - make sense ?

Another thought - If someone wants you to pick a lock for them - Get proof of ownership first - even from your friend(s) - before you pick !
If you did not verify that they are the owner and if they are not -
YOU are breaking and entering - NOT THEM !


jim S

[raimundo]

Never ask legal advice from a police officer, you might ask them a hypothetical question thrown in with ten other hypotheticals, but not about actual law, just about police practice. Police have an agenda of their own, They do not like or trust the public. They are not legally qualified to give legal counsel. Any purported legal counsel that they give is pursuing the ulterior agenda that has nothing to do with helping you. Many of these guys live to ruin someones day every day. They do not require that you be a bad person to be eligible for this.

[bigbike]

try the following link to see exactly what the law in Penna is requarding tools and locksmithing and licensing etc.
www.gpla.org/pasb286.html
That covers about everything here in Pa.

I am new here at this forum but noticed this topic and it interests me also as I am also a Pa. resident and hopefully future locksmith (just enrolled in F-B).

[mikash52]

I am new to lp101 and i also live in PA. I belive that i read that Pa has a licensing board set up since around 95 and that if you are not licensed by them than it is illegal to posses tools. But as others have said if you dont go out using them or advertising that you have them there really isnt much they can do short of a random raid on your house. And if they are doing a raid i think you have more to worry about then lock picks

[bigbike]

Read the link in the post right above yours for the exact laws for Pa locksmiths and tools of that trade.

[32768]

<Insert the standard not a lawyer disclaimer>

I noticed that the link above is for a senate bill, not a law / statute / etc. I can't find a corresponding law, and this bill is not included in the list of bills which were passed in the 97-98 session. http://www.legis.state.pa.us/WU01/LI/LI/CL/ACT.HTM

This may mean that the licensing act was approved but never passed as law. I can't find anything online about locksmith licensing in PA. This list of state licensing boards does not include one for locksmiths: http://www.mylicense.state.pa.us/Contact.htm
So it seems likely that the bill was never passed. I'll ask next time I stop by my friendly neighborhood locksmith.