The New and Organized Lockpicking Law Thread--by marso

[Varjeal]

Arizona
Legislation: http://www.azleg.state.az.us/FormatDocu ... ocType=ARS

13-1505. Possession of burglary tools; classification

A. A person commits possession of burglary tools by possessing any
explosive, tool, instrument or other article adapted or commonly used
for committing any form of burglary as defined in sections 13-1506,
13-1507 and 13-1508 and intending to use or permit the use of such an
item in the commission of a burglary.

B. Possession of burglary tools is a class 6 felony.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Safecracker

[Varjeal]

Arkansas

No statutes

If you find legislation please post.

[Varjeal]

California
Legislation: PENAL CODE

SECTION 466-469

466. Every person having upon him or her in his or her possession a
picklock, crow, keybit, crowbar, screwdriver, vice grip pliers,
water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun,
tubular lock pick, floor-safe door puller, master key, 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 above named so that the same will fit or open the lock of
a building, railroad car, aircraft, or vessel, trailer coach, or
vehicle as defined in the Vehicle Code, without being requested so to
do 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 misdemeanor. Any of the
structures mentioned in Section 459 shall be deemed to be a building
within the meaning of this section.

466.1. Any person who knowingly and willfully sells or provides a
lock pick, a tension bar, a lock pick gun, a tubular lock pick, or a
floor-safe door puller, to another, whether or not for compensation,
shall obtain the name, address, telephone number, if any, date of
birth, and driver's license number or identification number, if any,
of the person to whom the device is sold or provided. This
information, together with the date the device was sold or provided
and the signature of the person to whom the device was sold or
provided, shall be set forth on a bill of sale or receipt. A copy of
each bill of sale or receipt shall be retained for one year and
shall be open to inspection by any peace officer during business
hours.
Any person who violates any provision of this section is guilty of
a misdemeanor.

466.3. (a) Whoever possesses a key, tool, instrument, explosive, or
device, or a drawing, print, or mold of a key, tool, instrument,
explosive, or device, designed to open, break into, tamper with, or
damage a coin-operated machine as defined in subdivision (b), with
intent to commit a theft from such machine, is punishable by
imprisonment in the county jail for not more than one year, or by
fine of not more than one thousand dollars ($1,000), or by both.
(b) As used in this section, the term "coin-operated machine"
shall include any automatic vending machine or any part thereof,
parking meter, coin telephone, coin laundry machine, coin dry
cleaning machine, amusement machine, music machine, vending machine
dispensing goods or services, or moneychanger.

466.5. (a) Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle master key
or a motor vehicle wheel lock master key is guilty of a misdemeanor.

(b) Every person who, with the intent to use it in the commission
of an unlawful act, uses a motor vehicle master key to open a lock or
operate the ignition switch of any motor vehicle or uses a motor
vehicle wheel lock master key to open a wheel lock on any motor
vehicle is guilty of a misdemeanor.
(c) Every person who knowingly manufactures for sale, advertises
for sale, offers for sale, or sells a motor vehicle master key or a
motor vehicle wheel lock master key, except to persons who use such
keys in their lawful occupations or businesses, is guilty of a
misdemeanor.
(d) As used in this section:
(1) "Motor vehicle master key" means a key which will operate all
the locks or ignition switches, or both the locks and ignition
switches, in a given group of motor vehicle locks or motor vehicle
ignition switches, or both motor vehicle locks and motor vehicle
ignition switches, each of which can be operated by a key which will
not operate one or more of the other locks or ignition switches in
such group.
(2) "Motor vehicle wheel lock" means a device attached to a motor
vehicle wheel for theft protection purposes which can be removed only
by a key unit unique to the wheel lock attached to a particular
motor vehicle.
(3) "Motor vehicle wheel lock master key" means a key unit which
will operate all the wheel locks in a given group of motor vehicle
wheel locks, each of which can be operated by a key unit which will
not operate any of the other wheel locks in the group.

466.6. (a) Any person who makes a key capable of operating the
ignition of a motor vehicle or personal property registered under the
Vehicle Code for another by any method other than by the duplication
of an existing key, whether or not for compensation, shall obtain
the name, address, telephone number, if any, date of birth, and
driver's license number or identification number of the person
requesting or purchasing the key; and the registration or
identification number, license number, year, make, model, color, and
vehicle identification number of the vehicle or personal property
registered under the Vehicle Code for which the key is to be made.
Such information, together with the date the key was made and the
signature of the person for whom the key was made, shall be set forth
on a work order. A copy of each such work order shall be retained
for two years, shall include the name and permit number of the
locksmith performing the service, and shall be open to inspection by
any peace officer or by the Bureau of Collection and Investigative
Services during business hours or submitted to the bureau upon
request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.
(c) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a motor vehicle from another
key.

466.7. Every person who, with the intent to use it in the
commission of an unlawful act, possesses a motor vehicle key with
knowledge that such key was made without the consent of either the
registered or legal owner of the motor vehicle or of a person who is
in lawful possession of the motor vehicle, is guilty of a
misdemeanor.

466.8. (a) Any person who knowingly and willfully makes a key
capable of opening any door or other means of entrance to any
residence or commercial establishment for another by any method
involving an onsite inspection of such door or entrance, whether or
not for compensation, shall obtain, together with the date the key
was made, the street address of the residence or commercial
establishment, and the signature of the person for whom the key was
made, on a work order form, the following information regarding the
person requesting or purchasing the key:
(1) Name.
(2) Address.
(3) Telephone number, if any.
(4) Date of birth.
(5) Driver's license number or identification number, if any.
A copy of each such work order shall be retained for two years and
shall be open to inspection by any peace officer or by the Bureau of
Collection and Investigative Services during business hours or
submitted to the bureau upon request.
Any person who violates any provision of this subdivision is
guilty of a misdemeanor.
(b) Nothing contained in this section shall be construed to
prohibit the duplication of any key for a residence or commercial
establishment from another such key.
(c) Locksmiths licensed by the Bureau of Collection and
Investigative Services are subject to the provisions set forth in
Chapter 8.5 (commencing with Section 6980) of Division 3 of the
Business and Professions Code.
(d) The provisions of this section shall include, but are not
limited to, the making of a key from key codes or impressions.

466.9. (a) Every person who possesses a code grabbing device, with
the intent to use it in the commission of an unlawful act, is guilty
of a misdemeanor.
(b) Every person who uses a code grabbing device to disarm the
security alarm system of a motor vehicle, with the intent to use the
device in the commission of an unlawful act, is guilty of a
misdemeanor.
(c) As used in this section, "code grabbing device" means a device
that can receive and record the coded signal sent by the transmitter
of a motor vehicle security alarm system and can play back the
signal to disarm that system.

...

469. Any person who knowingly makes, duplicates, causes to be
duplicated, or uses, or attempts to make, duplicate, cause to be
duplicated, or use, or has in his possession any key to a building or
other area owned, operated, or controlled by the State of
California, any state agency, board, or commission, a county, city,
or any public school or community college district without
authorization from the person in charge of such building or area or
his designated representative and with knowledge of the lack of such
authorization is guilty of a misdemeanor.

DIVISION 3. PROFESSIONS AND VOCATIONS GENERALLY
http://www.leginfo.ca.gov/.html/bpc_tab ... tents.html
CHAPTER 8.5. LOCKSMITHS
Article 1. General Provisions .................................... 6980
http://www.leginfo.ca.gov/cgi-bin/displ ... &file=6980
Article 2. Administration ................................. 6980.1-6980.8
http://www.leginfo.ca.gov/cgi-bin/displ ... 0.1-6980.8
Article 3. Application of Chapter ....................... 6980.10-6980.15
http://www.leginfo.ca.gov/cgi-bin/displ ... 10-6980.15
Article 4. Licenses ..................................... 6980.17-6980.33
http://www.leginfo.ca.gov/cgi-bin/displ ... 17-6980.33
Article 5. Licensed and Registered Locations ............ 6980.34-6980.41
http://www.leginfo.ca.gov/cgi-bin/displ ... 34-6980.41
Article 6. Registration of Employees .................... 6980.42-6980.50
http://www.leginfo.ca.gov/cgi-bin/displ ... 42-6980.50
Article 7. Conduct of Business .......................... 6980.53-6980.69
http://www.leginfo.ca.gov/cgi-bin/displ ... 53-6980.69
Article 8. Disciplinary Proceedings and Administrative
[b] Citations .................................... 6980.71-6980.76
http://www.leginfo.ca.gov/cgi-bin/displ ... 71-6980.76
Article 9. Revenue ...................................... 6980.79-6980.84
http://www.leginfo.ca.gov/cgi-bin/displ ... 79-6980.84

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Safecracker, second portion by What?

[Varjeal]

Colorado
Legislation: Unknown

A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.
(2) Possession of burglary tools is a class 5 felony.
Source: L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-205.
ANNOTATION
Am. Jur.2d. See 13 Am. Jur.2d, Burglary, § 61.
C.J.S. See 12A C.J.S., Burglary, §§ 43-48.
Annotator's note. Since § 18-4-205 is similar to former § 40-3-7, C.R.S. 1963, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.
The conduct proscribed by this section is sufficiently distinguishable from that prohibited by § 18-4-104 to withstand defendant's equal protection challenge. People v. Gurule, 924 P.2d 1164 (Colo. App. 1996).
Statute is not constitutionally overbroad. "Innocent possession" of tools is not prohibited by the statute, and the statute cannot be read to criminalize such conduct. People v. Chastain, 733 P.2d 1206 (Colo. 1987).
"Burglary tools" held not unconstitutionally vague. People v. Chastain, 733 P.2d 1206 (Colo. 1987); People v. Gurule, 924 P.2d 1164 (Colo. App. 1996).
A "pouch" made of a pair of bib overalls that defendant specifically designed and adapted for purposes of facilitating a theft by a physical taking is a burglary tool pursuant to this section. However, mere possession of an item does not implicate the statute. The possession of a designed, adapted, or commonly used tool or other article must be accompanied by an intent to commit a burglary or theft by a physical taking. People v. Gurule, 924 P.2d 1164 (Colo. App. 1996).
Language of this section is explicit. People v. Gnout, 183 Colo. 366, 517 P.2d 394 (1973).
Arrangement of this section in prior compilations is not controlling in construing the section, but rather, courts must look to the language of the statute itself. People v. Gnout, 183 Colo. 366, 517 P.2d 394 (1973).
Information charging defendant with possession of burglary tools held sufficient. People v. Gnout, 183 Colo. 366, 517 P.2d 394 (1973).
Statute does not omit the unlawful act element of the crime. People v. Chastain, 733 P.2d 1206 (Colo. 1987).
Statute does not permit conviction solely on the basis of another's intent but requires intent by the accused or knowledge that another intends to use the tool for a burglarious purpose. People v. Chastain, 733 P.2d 1206 (Colo. 1987).
Tools held admissible. Tools not intrinsically and exclusively burglary tools, but capable of use as such, were admissible in evidence in support of a charge of possession of burglary tools, where other evidence was ample to show actual breaking and entering and felonious intent. Smalley v. People, 116 Colo. 598, 183 P.2d 558 (1947).
State may appropriate burglar tools. Burglar tools are by definition contraband. The state in the exercise of its police power may appropriate, without compensation, property employed in the commission of a crime in order to prevent the continuance of unlawful activity. It is not reasonable to assume that the general assembly intended by this section to permit convicted burglars to retain the tools of their trade. People v. Angerstein, 194 Colo. 376, 572 P.2d 479 (1977).
There is no right to have them returned. If property is legally seized and it is designed or intended for use as a means of committing a criminal offense or the possession of which is illegal, there is no right to have it returned. People v. Angerstein, 194 Colo. 376, 572 P.2d 479 (1977).
The district attorney could not charge under this section for actions that violated the more specific provisions of § 12-47.1-825 under the Limited Gaming Act of 1991. Since the act invokes the full extent of the state's police powers, creates a comprehensive and thorough regulatory scheme to control limited gaming, and specifically defines criminal acts related to limited gaming, the general assembly must have intended that actions violating the specified criminal acts would be chargeable only under the Limited Gaming Act or under article 20 of this title, where the criminal provisions of the limited gaming act are repeated verbatim. People v. Warner, 930 P.2d 564 (Colo. 1996).
Applied in Wilcox v. People, 152 Colo. 173, 380 P.2d 912 (1963); People v. Tate, 657 P.2d 955 (Colo. 1983).

http://198.187.128.12/colorado/lpext.dl ... in.htm&2.0

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: blacksmith

[Varjeal]

Connecticut
Legislation: Connecticut General Statutes

Title 53A. Chapter 952.
Part VIII. Burglary, Criminal Trespass, Arson, Criminal Mischief and Related Offenses (Refs & Annos)

§ 53a-106. Manufacturing or possession of burglar's tools: Class A misdemeanor

(a) A person is guilty of manufacturing or possession of burglar's tools when he manufactures or has in his possession any tool, instrument or other thing adapted, designed or commonly used for advancing or facilitating offenses involving unlawful entry into premises, or offenses involving forcible breaking of safes or other containers or depositories of property, under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.

(b) Manufacturing or possession of burglar's tools is a class A misdemeanor.

Current through 2003 Jan. Reg. Sess., June 30 Sp. Sess. and Sept. 8 Sp. Sess.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: yawhcihw

[Varjeal]

Delaware
Legislation: Delaware code

TITLE 11. PART I. CHAPTER 5. SUBCHAPTER III.
SUBPART B. CRIMINAL TRESPASS AND BURGLARY

§ 828 Possession of burglar's tools or instruments facilitating theft; class F felony.

A person is guilty of possession of burglar's tools or instruments facilitating theft when the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:

(1) Offenses involving unlawful entry into or upon premises;
(2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization; or
(3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates, doors or any container or depositories of property, under circumstances evincing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character.
(4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the name of the person who possesses the document.

Possession of burglar's tools or instruments facilitating theft is a class F felony.

Current through 2003 Regular Session of the 142nd General Assembly

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: yawhcihw

[Varjeal]

Florida
Legislation: Florida Statutes

13.2. POSSESSION OF BURGLARY TOOLS
§ 810.06, Fla.Stat.

To prove the crime of Possession of Burglary Tools, the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) had in [his] [her] possession a [tool] [machine] [implement].
2. (Defendant) intended to use the tool in the commission of a burglary or trespass.
3. (Defendant) intended to commit a burglary or trespass.
4. (Defendant) did some overt act toward the commission of a burglary or trespass.

Lesser Included Offenses

No lesser included offenses have been identified for this offense.

Current with Amendments received through 02/01/04

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: yawhcihw

[Varjeal]

Georgia
Legislation: Unknown

16-7-20.

(a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.

(b) A person convicted of the offense of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Safecracker

[Varjeal]

Hawaii
Legislation: Hawaii Penal Code

DIVISION 5. TITLE 37. CHAPTER 708.
PART II. BURGLARY AND OTHER OFFENSES OF INTRUSION
§ 708-812 Possession of burglar's tools.

(1) A person commits the offense of possession of burglar's tools if:
(a) The person knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and the person intends to use the explosive, tool, instrument, or article, or knows some person intends ultimately to use it, in the commission of the offense of the nature described aforesaid; or
(b) The person knowingly possesses any master key, unless authorized, and the person intends to use the master key or knows some person intends ultimately to use it, in the commission of an offense involving entry into premises or theft by a physical taking.
(2) Possession of burglar's tools is a misdemeanor.
(3) A master key taken in evidence shall be impounded by the court and returned to the owner of the locks or premises which the key operates.

[L 1972, c 9, pt of § 1; am L 1978, c 221, § 2; gen ch 1993]
H R S § 708-812, HI ST § 708-812
Current through 2003 Regular and Special Sessions

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: yawhcihw

[Varjeal]

Idaho
Legislation: Idaho Code

Title 18. Chapter 14. Burglary
18-1406 Possession of burglarious instruments.

Every person having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building or who shall knowingly make or alter, or shall attempt to make or alter any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do 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 this chapter shall be deemed a building within the meaning of this section.

[I.C., § 18-1406, as added by 1972, ch. 336, § 1, p. 844.]
Current through the 2003 Session

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: yawhcihw

[Varjeal]

Illinois: (Possession)
Legislation: Unknown

Sec. 19-2. Possession of burglary tools. (720 ILCS 5/19-2)
(a) A person commits the offense of possession of burglary tools
when he possesses any key, tool, instrument, device, or any explosive,
suitable for use in breaking into a building, housetrailer, watercraft,
aircraft, motor vehicle as defined in The Illinois Vehicle Code,
railroad car, or any depository designed for the safekeeping of
property, or any part thereof, with intent to enter any such place and
with intent to commit therein a felony or theft.

(b) Sentence. Possession of burglary tools in violation of this Section is a Class 4 felony. (Source: P. A. 78-255.)

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Safecracker

[Varjeal]

Illinois: (Trading as a Locksmith)
Legislation: Indiana Code concerning professions and occupations

ARTICLE 41. REGISTERED LOCKSMITHS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Department" refers to the state police department.

Sec. 3. "Locksmith services" refers to:
(1) repairing, rebuilding, servicing, adjusting, or installing a mechanical or an electronic locking device, safe, vault, or safe deposit box; or
(2) operating a mechanical or an electronic locking device, safe, or vault by a means other than that intended by the manufacturer of the electronic locking device, safe, or vault.

Sec. 4. "Registered locksmith" means an individual who is registered by the department under this article.

Chapter 2. Voluntary Registration
Sec. 1. An individual who desires to perform locksmith services for compensation as a registered locksmith shall register with and pay a registration fee required by the department.

Sec. 2. An individual who registers with the department under this chapter must complete an application form provided by the department.

Sec. 3. The department shall:
(1) adopt rules under IC 4-22-2 to establish:
(A) an application form for this chapter;
(B) a registration fee for issuance and renewal of registrations or duplicate registrations; and
(C) a procedure for renewing a registration or issuing a duplicate registration issued under this chapter;
(2) issue an identification card to an individual who registers under this chapter; and
(3) conduct a criminal history background check of each individual who registers under this chapter.

Sec. 4. A registration and an identification card issued under this chapter are valid for two (2) years and may be renewed according to rules adopted by the department.

Sec. 5. (a) An individual who registers with the department under this chapter must provide the department with the following information concerning the registrant:
(1) Complete name.
(2) Date of birth.
(3) Residential address.
(4) Business name, address, and phone number.
(b) An individual may not be registered under this article if the individual has been convicted of any felony, other than a felony that involves the operation of a motor vehicle, within the previous ten (10) years.
(c) An individual who is registered under this chapter must inform the department within sixty (60) days of any change in the information provided under this section.
(d) The department may revoke the registration of an individual if:
(1) the department determines that the information supplied by the registrant under this section was false; or
(2) the registrant fails to update registration information under this section.

Sec. 6. An individual who offers to perform, advertises to
perform, or performs locksmith services for compensation as a registered locksmith without having registered with the department commits a Class A infraction.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: phreak1876

[Varjeal]

Indiana
This has not been submitted yet.

[Varjeal]

Iowa
Legislation: Iowa Code

Title XVI. Criminal Law and Procedure
Subtitle 1. Crime Control and Criminal Acts
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.

Current through Chapter 35 of the 2003 Regular Session

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: yawhcihw

[Varjeal]

Kansas

Here is the full text.
http://www.kslegislature.org/bills/2002/2887.pdf

Word on the street: Illegal
Selling picks: Need License
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: funboy79015

Comments:

Essentially it says that possesion of locksmithing tools without a liscence is a class 9 felony.