The New and Organized Lockpicking Law Thread--by marso

[Varjeal]

Basically I believe we should have an index for each country. I think the americans can deal with having to look through each of the 5 posts.


Here is the Laws of the world in relation to Lockpicking and Locksmithing. No one posting has any expertise in laws unless otherwise stated. If you wish to modify or post please msg the admins. Please try to fill in the gaps to make this thread useful.

A few rules, keep to the same structure so it is easy to read. Word on the street, is intended for quotes from lawyers or police as to their intpretation.

[Varjeal]

AUSTRALIA

Australian Capital Territory
Legislation: ACT Crimes Act 1900

Possession of housebreaking implements etc.
116. (1) A person who, in any place other than his or her place of
abode, has with him or her any article for use in the course of, or in
connection with, any theft or burglary is guilty of an offence punishable, on
conviction, by imprisonment for 3 years.
(2) Where a person is charged with an offence under this section, proof
that he or she had with him or her an article made or adapted for use in
committing a theft or burglary shall be evidence that he or she had it with
him or her for that use.
(3) Where a person is convicted of an offence under subsection (1),
any article of the kind referred to in that subsection that is in the custody or
possession of the person shall be forfeited to the Territory.

http://www.legislation.act.gov.au/a/190 ... 900-40.pdf

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

CRIMES ACT 1900 - SECT 114
Being armed with intent to commit indictable offence

114 Being armed with intent to commit indictable offence

(1) Any person who:

(b) has in his or her possession, without lawful excuse, any implement of housebreaking or safebreaking, or any implement capable of being used to enter or drive or enter and drive a conveyance,

shall be liable to imprisonment for seven years.

(2) For the purposes of subsection (1) (b) "conveyance" means any cab, carriage, motor car, caravan, trailer, motor lorry, omnibus, motor or other bicycle, or any ship, or vessel, whether decked or undecked, used in or intended for navigation, and "drive" shall be construed accordingly.


Submitted by alias

Australian Northern Territory
Legislation: NT SUMMARY OFFENCES ACT

57. Offences after finding of guilt under section 56, &c. (See back note 2)

(1) Any person who –
...
(e) has in his custody or possession, without lawful excuse (proof whereof shall be upon the person charged), any picklock, key, crow, jack, bit, or other implement of housebreaking;
...
(l) being a suspected person or reputed thief, is in, on or near, with intent to commit any offence triable on information in the Supreme Court or any indictable offence, any river, canal, navigable stream, dock, or basin, or any quay, wharf, or warehouse near or adjacent thereto, or any street, highway, or avenue leading thereto, or any place of public resort, or any avenue leading thereto, or any street, highway, or place adjacent; or
...
(2) Where any person is found guilty under paragraph (e) of subsection (a), any picklock, key, crow, jack, bit, or other implement of housebreaking in the custody or possession of that person shall be forfeited to the Territory.
...
58. Penalty for second or subsequent offence under section 57

The penalty on being found guilty of a second or subsequent offence under section 57 is imprisonment for a term not exceeding 12 months.

http://notes.nt.gov.au/dcm/legislat/leg ... enDocument

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


Queensland
Legislation: QLD Police Powers and Responsibilities Act

If someone gets time please fill this out... Clause 28c (Page 17) and clause 30e (page 19)

http://www.legislation.qld.gov.au/Bills ... B00Exp.pdf
Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: fatuus


South Australia
Legislation: SA Summary Offences Act

If someone gets time please fill this out. ... it's a bit long, but go to Section 15, subsection 3b (page 35)

http://www.lsc.sa.gov.au/summaryoffencesact.pdf
Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: fatuus


Tasmania
This has not been submitted yet.


Victoria
Legislation:
"CRIMES ACT (Vic.) 1958 - SECT 91

Going equipped for stealing etc.

(1) A person shall be guilty of a summary offence if, when not at his place of
abode, he has with him any article for use in the course of or in connexion
with any burglary, theft or cheat.

(2) A person guilty of an offence under this section shall be liable to level
7 imprisonment (2 years maximum).

(3) Where a person is charged with an offence under this section, proof that
he had with him any article made or adapted for use in committing a burglary,
theft or cheat shall be evidence that he had it with him for such use.

(4) On the conviction of a person for an offence under this section, the court
may order the article to be forfeited to the Crown and disposed of in the
manner set out in the order."

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: thanks to Nicator for the updated info.


Western Australia
This has not been submitted yet.


Australia, Customs
This has not been submitted yet.

[Varjeal]

CANADA

Brittish Columbia (Possession)
Legislation: Unknown

The following is the laws in BC for a pick license. The only way to get a pick license is to have an owner of a locksmith shop who holds a security business license recommend you to get a locksmith under supervision license through his company. The license you get is a security employee license and it only stays in your posession during the time you are working for the locksmith shop that got you the license. Once you leave that shop you give back your license. If you want a license you need to become a locksmith.

Restricted keys and locksmith's instruments

26 (1) In this section, "authorized person" means a person who

(a) holds a valid security business licence authorizing him or her to carry on the business of a locksmith,

(b) holds a valid security employee licence and is employed as a locksmith by a person referred to in paragraph (a),

(c) is a locksmith who is exempt from sections 3 and 10 by virtue of section 2 (f),

(d) is designated by the regulations as an authorized person for the purposes of this section, or

(e) is authorized in writing by the registrar to do a thing that this section otherwise prohibits.

(2) In giving an authorization under subsection (1) (e), the registrar may impose conditions the registrar considers appropriate, and the registrar may, if he or she considers it appropriate, cancel an authorization he or she has given.

(3) A person must not cut or make a restricted key, or transfer possession of, lend or otherwise provide a restricted key to another person unless the person cutting, making, transferring, lending or providing the key is

(a) an authorized person, or

(b) the owner of the lock that is to be operated by the key or is an employee of the owner of the lock that is to be operated by the key and is acting with the authority of the owner.

(4) A person, other than an authorized person, must not have in his or her possession

(a) a key, pick, rocker key or vibrating pick tool, or

(b) any instrument

that is designed or adapted to open a lock without using the proper key or combination or to bypass a lock.

http://www.qp.gov.bc.ca/statreg/stat/P/ ... #section26

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


Brittish Columbia (Trading as a Locksmith)
Legislation: Unknown

Can someone please post relevant part here.

http://www.pssg.gov.bc.ca/pisa/index.htm

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


Canada, Federal Law?
Legislation: Canadian Criminal Code, [R.S. 1985, c. C-46]

PART IX OFFENCES AGAINST RIGHTS OF PROPERTY
Breaking and Entering
Possession of break-in instrument
351. (1) Every one who, without lawful excuse, the proof of which lies on him, has in his possession any instrument suitable for the purpose of breaking into any place, motor vehicle, vault or safe under circumstances that give rise to a reasonable inference that the instrument has been used or is or was intended to be used for any such purpose, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

R.S., 1985, c. C-46, s. 351; R.S., 1985, c. 27 (1st Supp.), s. 48.

http://www.canlii.org/ca/sta/c-46/sec351.html
http://laws.justice.gc.ca/

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

[Varjeal]

California

In addition to the information about being a licensed locksmith (see post above), California has a few laws about picks, keys, etc. Most of the laws start with the phrase to the effect of: "Every person who, with the intent to use it in the commission of an unlawful act, possesses"...

Additionally, California law includes the following: (keep your screwdrivers and vise grip pliers at home.)

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, 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.

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.

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.


Selling picks: as above
Submitted: dhuskins








CHINA

China, Mainland
This has not been submitted yet.


Hong Kong
Legislation: Unknown

Chapter 210, Section 27, Title: THEFT ORDINANCE,
Heading: Going equipped for stealing, etc. Version Date: 30/06/1997

(1) Any person who, when not at his place of abode, has with him any article for use in the course of or in connection with any burglary, theft or cheat shall be guilty of an offence and shall be liable on conviction upon indictment to imprisonment for 3 years.
(2) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a burglary, theft or cheat shall be evidence that he had it with him for such use.
(3) For the purposes of this section an offence under section 14 of taking a conveyance shall be treated as theft, and "cheat" (行騙) means an offence under section 17.

[cf. 1968 c. 60 s. 25 U.K.]

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: j9678

[Varjeal]

FRANCE
France (Possession)
This has not been submitted yet.

[Varjeal]

FINLAND
Finland (Possession)
This has not been submitted yet.

[Varjeal]

GERMANY
Germany

Covered quite a bit of the Strafgesetzbuch,

owning and using picktools only qualifies theft (in german law there is theft and aggravated theft, if you use pick tools it is aggravated theft.

StGB § 243 Besonders schwerer Fall des Diebstahls
(1) In besonders schweren Fällen wird der Diebstahl mit Freiheitsstrafe von drei Monaten bis zu zehn Jahren bestraft. Ein besonders schwerer Fall liegt in der Regel vor, wenn der Täter

1. zur Ausführung der Tat in ein Gebäude, einen Dienst- oder Geschäftsraum oder in einen anderen umschlossenen Raum einbricht, einsteigt, mit einem falschen Schlüssel oder einem anderen nicht zur ordnungsmäßigen Öffnung bestimmten Werkzeug eindringt oder sich in dem Raum verborgen hält,

2. eine Sache stiehlt, die durch ein verschlossenes Behältnis oder eine
andere Schutzvorrichtung gegen Wegnahme besonders gesichert ist,

3. gewerbsmäßig stiehlt,

4. aus einer Kirche oder einem anderen der Religionsausübung dienenden
Gebäude oder Raum eine Sache stiehlt, die dem Gottesdienst gewidmet ist
oder der religiösen Verehrung dient,

5. eine Sache von Bedeutung für Wissenschaft, Kunst oder Geschichte oder für die technische Entwicklung stiehlt, die sich in einer allgemein
zugänglichen Sammlung befindet oder öffentlich ausgestellt ist,

6. stiehlt, indem er die Hilflosigkeit einer anderen Person, einen
Unglücksfall oder eine gemeine Gefahr ausnutzt oder

7. eine Handfeuerwaffe, zu deren Erwerb es nach dem Waffengesetz der
Erlaubnis bedarf, ein Maschinengewehr, eine Maschinenpistole, ein voll-
oder halbautomatisches Gewehr oder eine Sprengstoff enthaltende
Kriegswaffe im Sinne des Kriegswaffenkontrollgesetzes oder Sprengstoff
stiehlt.

(2) In den Fällen des Absatzes 1 Satz 2 Nr. 1 bis 6 ist ein besonders schwerer Fall ausgeschlossen, wenn sich die Tat auf eine geringwertige Sache bezieht.




(Possession)

Making and owning pick tools is legal in Germany. If you open locks that are not your own, always make sure the owner agrees. Otherwise you're in trouble (for trespassing, not for owning picks, though in most cases the pick set will be confiscated).

Word on the street: Legal
Selling picks: Lega
Summary: (At home) O.k., (In public) Frowned, (Sell) Legal
Submitted: reg

Comments and information supplied by reg.

[Varjeal]

ITALY
all of Italy
Legislation: Codice Penale

L'articolo relativo agli arnesi di scasso è il seguente:

"(Codice Penale) Art. 707 Possesso ingiustificato di chiavi alterate o grimaldelli
Chiunque, essendo stato condannato per delitti determinati da motivi di lucro, o per contravvenzioni concernenti la prevenzione di delitti contro il patrimonio, o per mendicità o essendo ammonito o sottoposto a una misura di sicurezza personale o a cauzione di buona condotta, è colto in possesso di chiavi alterate o contraffatte, ovvero di chiavi genuine o di strumenti atti ad aprire o a sforzare serrature, dei quali non giustifichi l'attuale destinazione, è punito con l'arresto da sei mesi a due anni.
La Corte costituzionale, con sentenza 2 febbraio 1971, n. 14, ha dichiarato l'illegittimità costituzionale del presente articolo limitatamente alla parte in cui fa richiamo alle condizioni personali di condannato per mendicità, di ammonito, di sottoposto a misura di sicurezza personale o a cauzione di buona condotta. "

ma ancora piu' illuminante è questo link:
http://www.filodiritto.com/diritto/pena ... pavone.htm

in breve si dice che per essere considerato reato gli attrezzi devono essere "a portata di mano" dell'imputato..
Si ammette, insomma che si possono custodire in luoghi "non immediatamente accessibili", senza pero' utilizzarli per compiere reati.. e bisogna inoltre avere una giustificazione per il loro possesso (l'importante è avercela al momento della flagranza )

...The italian law says, in few words:
"Everybody whom has lock-picks (or similar tools, professional or homemade) can be jailed from 6 month to 2 years if he has a "direct access" to the tools... I can keep the lockpicks where the access is not "so direct" and he must have a "good reason" to say when is catched ^_^"

Word on the street: Gray
Selling picks: Legal
Summary: (At home) Legal, (In public) Illegal, (Sell) legal
Submitted: VoTaN, edited by Little Peaceful

[Varjeal]

JAPAN
Japan (Possession)
This has not been submitted yet.


Japan, Customs

Can someone please pick the major points, or state if you can or cant.

http://www.mof.go.jp/english/tariff/ca2001/ca06.pdf
Word on the street: Unknown
Submitted: Kysi

[Varjeal]

NEW ZEALAND
New Zealand (Possession)

233.Being disguised or in possession of instrument for burglary—

(1)Every one is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse,—

(a)has in his or her possession any instrument capable of being used for burglary with intent to use it for such a purpose; or

(b)has his or her face covered or is otherwise disguised with intent to commit any crime.

(2)If any person is convicted of being in possession of an instrument for burglary, the Court may, if it thinks fit, order the instrument to be forfeited to the Crown or disposed of as the Court directs at the expense of the convicted person, and may order the person to pay any reasonable cost incurred by the Commissioner of Police in retaining the instrument.]


Thanks to whodunit!? for submitting that.

[Varjeal]

SOUTH AFRICA
South Africa (Possession)
This has not been submitted yet.

With alot of looking I still can not find this.

[Varjeal]

SWEDEN

Sweden (Possession)
Legislation: Unknown

Brottsbalk (1962:700)

23 kap. Om försök, förberedelse, stämpling och medverkan till brott

1 § Har någon påbörjat utförandet av visst brott utan att detta kommit
till fullbordan, skall han i de fall särskilt stadgande givits därom dömas för försök till brottet, såframt fara förelegat att handlingen skulle leda till brottets fullbordan eller sådan fara endast på grund av tillfälliga omständigheter varit utesluten.

Straff för försök bestämmes högst till vad som gäller för fullbordat brott och må ej sättas under fängelse, om lägsta straff för det fullbordade brottet är fängelse i två år eller däröver.

2 § Den som, med uppsåt att utföra eller främja brott, lämnar eller mottager penningar eller annat såsom förlag eller vederlag för brottet eller ock anskaffar, förfärdigar, lämnar, mottager, förvarar, fort skaffar eller tager annan dylik befattning med gift, sprängämne, vapen, dyrk, förfalskningsverktyg eller annat sådant hjälpmedel, skall i de fall särskilt stadgande givits därom dömas för förberedelse till brottet, om han ej är förfallen till ansvar för fullbordat brott eller försök.

I fall som särskilt angivas dömes ock för stämpling till brott. Med stämpling förstås, att någon i samråd med annan beslutar gärningen, så ock att ågon söker anstifta annan eller åtager eller erbjuder sig att utföra den.

Straff för förberedelse eller stämpling bestämmes under den högsta och må sättas under den lägsta gräns som gäller för fullbordat brott; ej må dömas till högre straff än fängelse i två år, med mindre fängelse i åtta år eller däröver kan följa å det fullbordade brottet. Var faran för brottets
fullbordan ringa, skall ej dömas till ansvar.

http://infoweb.unit.liu.se/eki/affratt/ ... l_cku2.txt

From what I understand tho, if you gain possession of picks or even hand them to someone, with the intent to commit crime(s), it's punishable.

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

[Varjeal]

UNITED KINGDOM

United Kingdom, Federal Law?
Legislation: United Kindom Theft Act 1968

Sect 25. Going equipped for stealing, etc.
(1) A person shall be guilty of an offence if when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary, theft or cheat.
(2) A person guilty of an offence under this section shall on conviction on indictment be liable to imprisonment for a term not exceeding three years.
(3) Where a person is charged with an offence under this section, proof that he had with him any article made or adapted for use in committing a burglary, theft or cheat shall be evidence that he had it with him for such use.
(4) Any person may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, committing an offence under this section.
(5) For purposes of this section an offence under section 12(1) of this Act of taking a conveyance shall be treated as theft, and ‘cheat’ means an offence under section 15 of this Act.

http://www.lawteacher.net/Criminal/Prop ... 201968.pdf

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


United Kingdom, Customs

If you can find any relevant part please post here.

http://afis.postoffice.co.uk/Parcelforc ... itions.asp

Word on the street: Could not find any mention that lockpicks are or are not banned to import/export.
Submitted: Marso

[Varjeal]

UNITED STATES (1)

Alabama
Legislation: Alabama Code Section 13A-7-8

Possession of burglar's tools.

(a) A person commits the crime of possession of burglar's tools if he:

(1) 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

(2) Intends to use the thing possessed in the commission of an offense of the nature described in subdivision (a) (1) of this section.

(b) Possession of burglar's tools is a Class C felony. (Acts 1977, No. 607, p. 812, §2615.)

Word on the street:

That being said notice the and (2) so just the possession isn't enough, as long as you're not actually intending to bypass a lock that you don't have permission to bypass you should be alright.

Selling picks:

Several spy shops in North Alabama, where I live, sell lock pick sets in their shop (albeit they sell them for about 200% over the price of southord.com that's another story) so it's really not a big deal. I've even heard of a few sets at the flea market but I don't really ever go to the flea market so I can't say that for a fact.

Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Deaper

[Varjeal]

Alaska
Legislation: Unknown

AS 11.46.315. Possession of Burglary Tools.

(a) A person commits the crime of possession of burglary tools if the person possesses a burglary tool with intent to use or permit use of the tool in the commission of

(1) burglary in any degree;

(2) a crime referred to in AS 11.46.130 (a)(3); or

(3) theft of services.

(b) As used in this section, "burglary tools" means

(1) nitroglycerine, dynamite, or any other tool, instrument, or device adapted or designed for use in committing a crime referred to in (a)(1)-(3) of this section; or

(2) any acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or other similar device capable of burning through steel, concrete, or other solid material.

(c) Possession of burglary tools is a class A misdemeanor.

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