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by telekenetix » 7 Nov 2006 23:32
So, I was reading the forums and found subjects about buying picks when you are not actually a "locksmith" or some other "licensed individual", and just a hobbyist. The websites put up a "CYA" disclaimer which passes the blame to the consumer.
So, the law states that the person paying for the shipping of said item is responsible and that they can be sentenced to up to a year in jail. It also says that the postal service will confiscate said goods at their discretion.
The postal service(s) do not know who is a "locksmith" or someone who is legally allowed to have picks, so it is unlikely that they will take them. However, if they do take the picks I have ordered, is that the end of it? Or are they going to take legal action.
Has anyone heard of this happening before? Is it completely safe to order from a site IF you use something like UPS or FedEx?
These are questions that from what I can tell have not been directly all answered in one topic. I've searched and found results on the subjects separately and somewhat vaguely, but never directly and together.
Mainly, I am a hobbyist looking to get into the sport and want to buy one or two picks and a torsion wrench OR a set. I am just wondering if it is recommended to buy them. I realized that legal action "probably will not be taken" but am just wondering if there is the chance of it happening. This being answered-is it a better idea to make my own? I do not really have access to a machine and would have to either purchase a dremel to make picks or do it by hand with a file...yes...you heard right.
Thanks,
telekenetix
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telekenetix
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by What » 7 Nov 2006 23:42
it really depends on where you are located, if you are worried about shipping then make some picks, or go to a local locksmith and explain the fact that you are a hobby picker and would like to order some picks.
good luck.
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What
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by mrdan » 7 Nov 2006 23:45
telekenetix wrote:So, I was reading the forums and found subjects about buying picks when you are not actually a "locksmith" or some other "licensed individual", and just a hobbyist. The websites put up a "CYA" disclaimer which passes the blame to the consumer. So, the law states that the person paying for the shipping of said item is responsible and that they can be sentenced to up to a year in jail. It also says that the postal service will confiscate said goods at their discretion. The postal service(s) do not know who is a "locksmith" or someone who is legally allowed to have picks, so it is unlikely that they will take them. However, if they do take the picks I have ordered, is that the end of it? Or are they going to take legal action. Has anyone heard of this happening before? Is it completely safe to order from a site IF you use something like UPS or FedEx? These are questions that from what I can tell have not been directly all answered in one topic. I've searched and found results on the subjects separately and somewhat vaguely, but never directly and together.
Mainly, I am a hobbyist looking to get into the sport and want to buy one or two picks and a torsion wrench OR a set. I am just wondering if it is recommended to buy them. I realized that legal action "probably will not be taken" but am just wondering if there is the chance of it happening. This being answered-is it a better idea to make my own? I do not really have access to a machine and would have to either purchase a dremel to make picks or do it by hand with a file...yes...you heard right.
Thanks, telekenetix
Most state laws speak of something like "possesion, manufacture, making or . . . Blah -Blah . . . Blah blah blah. . . with the intent or intention to commit a crime" The key words in just about every instance I have seen is "with intent. . " thus there will usually no harm befall you as long as you aren't intending criminal activity. Mere posession in most cases in the USA does not a criminal make. The only problem I see would be that some companies do not sell to the general public. (as in what is your business license # tax ID ect.)
Just my 2¢
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by telekenetix » 7 Nov 2006 23:52
Yep, Maryland (where I am located) does have the "with intent to commit a burglary" clause. So, definitely possessing them as a hobbyist is fine, even carrying them (IMHO)--AS LONG AS YOU DON'T DO SOMETHING STUPID AND GET CAUGHT
But the main question I have is that if I buy some picks on a website and the postal service confiscates them, is that the end? Or are they going to go to the government?
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telekenetix
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by d_goldsmith » 8 Nov 2006 0:34
I live in WA and had mine shipped to me via USPS. I doubt they X-ray and pick out certain shapes, and they don't open the packages, so I doubt they will take these. But if they did, it would probably be to take action legally. I have also boughten knives and all sorts of stuff online, and never had an issue with shipping.
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by telekenetix » 8 Nov 2006 0:40
So, I had a semi-brilliant idea. I went to shop.com (found it off of froogle after searching for lock picks). They are "partnered" with lockpickshop.com. So basically, I went around the "I am a legal person" blah blah.
I never had to agree that I was a licensed individual. 
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telekenetix
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by Romstar » 8 Nov 2006 6:43
I am unsure as to the requirements for a license in Maryland, but what I do know is that while the USPS probably meant "worrking" locksmiths, they did not word it that way. So if you are working on locks, repairing locks, or whatever that gets you the locksmith tag. Now interestingly enough, in some jurristictions you are only required to have a license if you "hold yourself out" to be a locksmith. Meaning if you actively trade or advertise your locksmithing services. So while you may in fact BE a locksmith, if you do not advertise you may not require the license. This is how some jurristictions deal with the building maintenance man. Yes he does locksmithing services, and he IS a locksmith, but he is not TRADING as one, therefore he doesn't need a license even if he needs tools.
Also, the bonefide part is poretty much a smokescreen as well.
So, to put it another way unless you are transporting dangerous chemicals, explosives, large quantities of cash or narcotics through the mail, you are not ever going to see any legal action brought against you even if they DID for some reason confiscate the package.
I have seen a few cases of confiscation, but so far I have never heard of one in the United States. I would loove for anyone to tell me about them if they are aware of any. I like to know about these things.
In any case, just order, don't worry about anything, and if it bothers you too much, just use UPS. They don't have that restriction.
Romstar

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Romstar
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