Michigan Law

[bfpoulson]

There is no point in complaining about the way the Michigan Legislature drafted Michigan law, other than to write to your representative. While you could be charged for carrying lock-picking tools, without intent (which can be inferred from actions), you have a solid defense. Suppose you have a lock-picking hobby, one of those kits with a clear plastic padlock and some tools, for example, or even have the far more thorough kits from a locksmithing school. Then, you are in good shape. Suppose you are stopped in a dark alley behind a business, and in the pat down for weapons, the officer discovers your tools. Then, you might see a charge, and will need a lawyer to challenge the search and to convince the prosecutor of your benign intent. Or, not? How will the jury vote? No idea. Licensure is NOT an issue here, since Michigan does not license locksmiths. You COULD, however, obtain a Michigan Sales Tax license, check in at your county for DBA (Doing Business As), and use your own name on the license application: John Doe Locksmith and Locks. That would be convincing. But, then you have to file every quarter showing that you sold no locks or tools. Common sense is your most valuable tool. BFP

[Jacob Morgan]

nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device

The language sounds like it was drafted in the 1920's in response to people blowing off safe doors with nitroglycerine. I'm not a lawyer, but I agree with others that this law would seem to treat lock picks no differently than electric drills, pry bars, oxy-acet torches, etc. It all comes down to intent, if you are engaging in a crime already then this would add on a penalty, if not then it is irrelevant. If the stakeout squad finds you next to the local bank vault at two in the morning with a thermal lance, then it could add 10 years onto the breaking and entering charge as you were obviously about to torch the vault and walk off with a lot of money. Someone working with a thermal lance in a salvage yard is not going to be arrested for having a burglar tool.

Where it gets fuzzy is when a cop would claim that the mere possession of lock pick is evidence in and of itself of intent, in that case I suspect that few preprocessors would prosecute and fewer judges would convict--what exactly was one intending to brugle? But if one is worried about being caught with picks in one's car, then how about putting them in the trunk in a tool box with legitimate locksmith tools and locks? That might be enough to turn away some Barney Fife who for some reason comes across it. Print out the order form from one of the correspondence school courses or stick a locksmithing text book in there if you are really worried. Or flyers from sport picking groups. Those items would shore up the contention that the possession of picks was not with the intent to burgle. I don't think the police chief, the DA, the judge, your town councilman, or the local media would be amused with a tough guy cop running in student locksmiths for attempting to learn their trade.

Also, maybe off topic (just a little) but some of the states that have locksmith licensing laws that specially limit picks to licensed locksmiths, it would be interesting to ask a lawyer if they fell under civil or criminal law.