A felony for possession in Iowa?

[Louis_Traum]

I completely agree with you. I'd do the same thing, but I'm just curious about how the law views this sort of thing.

[PureOhms]

I believe in North Carolina it's a class I felony, but *only* if they can prove intent to commit a crime with the tools. I can't remember the exact precedents for this (I'll post them tomorrow after I dig them up), but suffice to say one person who was arrested was found with burglar's tools, a firearm, and drug paraphernalia and the court still found that there wasn't enough evidence to convict him of carrying burglars tools with the intent to commit a crime. Look up Iowa's precedent if you can, but from what I've seen most states are similar in law for possession of lock-picks so I wouldn't worry too much about just keeping them in your car.

[PureOhms]

[quote="Louis_Traum"]I have another legal question. What if you come across a car that you don't own and there is a child locked inside and the temperature is very hot. Of course first you should call the police or the fire department, but in the meantime, if you're worried about the safety of the child, would it be illegal to pop the lock on that car for the safety of the child?[/quote]

While I'm by no means an expert, my first guess would be "Yes, unless your state has specific good samaritan laws and you can prove the child was in immediate danger." I think it's still illegal to break and enter to protect someone's life directly (as in breaking into a house to stop a would-be killer) so breaking into the car to protect a car that may not be in immediate danger would most likely be illegal. Inevitably it would come down to the owner of the car pressing charges or not. Breaking into a car isn't a matter of the state like murder is.

[Capt_Tom]

I worked in law enforcement in South Carolina for some years. FOR THE MOST PART....The possession of burglary tools charge was only pressed if you were actually apprehended for a crime and it was involving a break in. Or charged with a crime and were a suspect of a break in. It is just not a good idea to have them in plain view.. or in your pocket with something illegal lying about.

[Wildman12]

In CA, possession "with intent" is a misdemeanor, not a felony. But this also extends to include any tool, including screwdrivers, crowbars, slimjims, and sparkplugs. The Penal Code is: CA PC 466-469. One site recommends carrying a copy of the code to show law enforcement if they attempt to charge you (could save you a trip "downtown" and the ensuing court battle).

Here is the first paragraph (466) for your convenience (google for the full text):
466. Every person having upon him or her in his or her possession a
picklock, crow, keybit, crowbar, screwdriver, vise grip pliers,
water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun,
tubular lock pick, bump key, floor-safe door puller, master key,
ceramic or porcelain spark plug chips or pieces, or other instrument
or tool with intent feloniously to break or enter into any building,
railroad car, aircraft, or vessel, trailer coach, or vehicle as
defined in the Vehicle Code, or who shall knowingly make or alter, or
shall attempt to make or alter, any key or other instrument named
above so that the same will fit or open the lock of a building,
railroad car, aircraft, vessel, trailer coach, or vehicle as defined
in the Vehicle Code, without being requested to do so by some person
having the right to open the same, or who shall make, alter, or
repair any instrument or thing, knowing or having reason to believe
that it is intended to be used in committing a misdemeanor or felony,
is guilty of a misdemeanor. Any of the structures mentioned in
Section 459 shall be deemed to be a building within the meaning of
this section.

[billdeserthills]

[quote="Romstar"][quote]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...[/quote]

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

[size=75][color=darkred]Edited by Phen - Nice one, lets NOT quote bad language next time. :P[/color][/size][/quote]

Many times I have come across a lock that was most obviously picked, usually after a client calls me out thinking their lock is broken because the key will no longer go into it, because some newby turned the keyway upside down & the top pins are now holding it in that way. That is when I let the client know they now need a high security lock and sell them a Medeco or ASSA lock cylinder.

[Mikeh727]

Hey Nathan,

I live in Iowa also (near Spencer), and as many others have already said, it's a misdemeanor but they have to prove intent. I carry picks in my truck along with several practice locks so that if it actually comes to the point where it's an issue, I have a reason to be carrying them. That doesn't mean that if you get the wrong guy or piss him off in some way that you won't have to answer some questions or maybe even be cited, but proving intent in a court of law is a difficult thing to do.

Unless you keep your picks with your black turtleneck, black leather gloves, flashlight and ski mask...:)

-Mike

[KPick]

I would build some kind of secret hiding space for your picks. Knowing how the law can be nowadays, you don't know if they are going to take them away or ACTUALLY care for the fact that you just are a hobby picker.

[billdeserthills]

[quote="Nathan"]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.[/quote]


You don't want a felony when You are only 17? You do know this is likely the perfect age to get a felony!
Then when you become an adult, it will drop off your record!