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by kikme » 24 Jul 2006 19:30
I read the law thread and looked at the document linked to for PA but it's still unclear to me what the law is regarding possession of picks. It says:
16 (c) Possession of locksmithing tools.--It shall be unlawful 17 for any person to obtain ownership or possession of locksmithing 18 tools, safe-opening tools, manuals or codebooks, either in 19 person or through an intermediary or through mail order or other 20 remote-procurement method, unless he has a locksmith license 21 which has not expired or been revoked or suspended. It shall be 22 unlawful for any organization to obtain ownership or possession 23 of locksmithing tools, safe-opening tools, manuals or codebooks 24 by means of an employee, officer or other person who violates 25 this subsection.
Are picks locksmithing tools?
It says it is unlawful to "obtain" ownership. Does this mean that possession is not illegal just obtaining possession (i.e. buying, trading...) is illegal? I know most people on this forum are not lawyers, I'm just curious what other people think based on their experience.
Thanks!
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kikme
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by Shrub » 24 Jul 2006 19:34
Picks are locksmithing tools but you may have a good argument if lockpicking is a recconised sport in your area,
Possesion means having somthing in your ownership, that could also mean if someone put them in your bag,
Buying them does not mean possesion that is purchaseing,
You will be ok if you keep yourself to yourself and dont take them from the house, use them in your rom for the fun you want them for, tell no-one and no-one can tell you off for it,
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Shrub
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by LostGunner » 24 Jul 2006 20:01
I want to agree with Shrub but I'm not sure I do. As I read the law (to the letter and the intent) it suggests that purchasing, procuring or any other method of acquiring lockpicks in PA is illegal unless you are a licensed locksmith.
I think Shrub is right that if you order them on the net or otherwise manage to acquire them, it is highly improbable that Johnny Law will nail you for it, but if they found them on you I believe they could "legitimately" prosecute you for it. You might be able to make a case to an officer on the spot if you were stopped by using the sport association or locksmith in training argument but ultimately it's at the discretion of the officer.
That's a pretty crappy law - another vague law to be used by officers and prosecutors as they see fit to punish the innocent.
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LostGunner
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by Shrub » 24 Jul 2006 20:11
You know i had actually managed to skip the purchaseing part so yes im right with you there then,
It does say remotely procurred so that means that making them would only give the issue of owning them, in that case they would have to prove they werent pottery tools or whatever,
Kept quiet out of view and most things will be ok even if a friendly officer drops in to say hi about somthing else,
They have to have laws such as this for certain circumstances, if they didnt technicalities start to creep in for things like bank jobs etc and they cant do anything about it,
A lockboard at home with practise locks and 101 on the pc shows full intent and what thet intent is, walkign around the streets saying i can pick that, i can open this, ive done one of those will get unwanted attention and then if you bring out any tools will for sure get your collar felt,
This is only my opinion though, if you want to be all above the law go visit your local station and simply explain what you want to do and why and see if it would be an issue, they may never see you again so its not like talking to them would be a suicide mission,
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Shrub
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by Bbo5 » 31 Jul 2006 1:19
hey kikme, what part of PA are u from, im from Erie?
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