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Is it legal?

Having read the FAQ's you are still unfulfilled and seek more enlightenment, so post your general lock picking questions here.
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Do not post safe related questions in this sub forum! Post them in This Old Safe

The sub forum you are currently in is for asking Beginner Hobby Lock Picking questions only.

Is it legal?

Postby UnFairjack » 6 Nov 2009 2:21

I am from CA and a buddys aunt asked me to rekey/masterkey her house. Im not a locksmith. What are the legal requirements for doing a job like this? And is there any thing i should mindful of?
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Re: Is it legal?

Postby UEDan » 6 Nov 2009 12:19

Yeah you're allowed to do it, I don't see how it cant be legal.
Although buying a pin kit might negate any savings by not hiring a lockie.
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Re: Is it legal?

Postby thelockpickkid » 6 Nov 2009 12:48

I don't know if doing if for family makes it different but I know that California has lots of laws and rules governing this type of work (locksmithing). I used to have to take equipment down to Cali from Oregon for my father, I was told that even though I have a business in Oregon I can't take picks and entry tools across the state line, to work and to carry these tools I have heard that Cali has a strict license requrirment. Just my thoughts, though I may be way off. I would do the work anyway!!
Shoot first ask questions later! Thelockpickkid
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Re: Is it legal?

Postby Eyes_Only » 6 Nov 2009 15:11

As long as its for close friends and family and you arn't charging whatever a locksmith charges or higher, there shouldn't be a problem

And as for Licensing, its not too hard to get licensing in most states from what I've heard. Complete and turn in application, get finger print scan, pay a bunch of pointless fees and if your background check turns out clean you're set. It's really not that strict. At least in California.

Whats sad is that licensing was done in part to hinder scammers but the state never checks up on you or what you've been up to since getting licensed so those scammers who go through all the extra trouble can get it just as easy. Only when you get heaps of complaints from customers does the state start to pay attention.
If a lock is a puzzle, then its key is the complete picture
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Re: Is it legal?

Postby thelockpickkid » 6 Nov 2009 15:20

Myself, I am against licensing, I think the requirements should be to register you business with the state your in, (secretary of state) and to obtain liability insurance. I strongly believe that scammers will do just what you said, obtain the license and continue to scam. I think licensing is just another way for states to make money more than it is to protect consumers. A good example is the recent unveiling of Dependable lock in Clearwater Florida, these guys scammed for years until being caught yesterday, these guys had good advertising, I saw ads for them everywhere I went on the net, problem is, they used it all to scam people out of money. Point is, they had complaints for years, the state didn't stop them, the postal service finally got help with the FBI and got them shut down.
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Re: Is it legal?

Postby cppdungeon » 9 Nov 2009 4:12

Ugh, masterkeying? Tough job! But it really shouldn't be a problem, as long as you don't get paid, IIRC. you might want to check out the California laws though. I believe (at least for licencing) they can be found here: http://www.cla4u.org/associations/7954/ ... mation.pdf

--Cpp
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Re: Is it legal?

Postby Tyler J. Thomas » 9 Nov 2009 16:53

thelockpickkid wrote:Myself, I am against licensing, I think the requirements should be to register you business with the state your in, (secretary of state) and to obtain liability insurance. I strongly believe that scammers will do just what you said, obtain the license and continue to scam. I think licensing is just another way for states to make money more than it is to protect consumers. A good example is the recent unveiling of Dependable lock in Clearwater Florida, these guys scammed for years until being caught yesterday, these guys had good advertising, I saw ads for them everywhere I went on the net, problem is, they used it all to scam people out of money. Point is, they had complaints for years, the state didn't stop them, the postal service finally got help with the FBI and got them shut down.


Seems kind of silly to make a point against licensing and then cite an example from a state that does not even license the industry, don't you think?

The fact remains, and I invite you to dispute this through applicable evidence, licensing does a lot to protect the consumer. Licensing helps both consumers and locksmiths by:

  • Protecting the public from unqualified people and criminals acting as locksmiths through multiple laws.
  • Aiding in protecting the public from what tools the public (potentially criminals) can obtain.
  • Ensuring that locksmiths are keeping up to date on technology through continued education and testing as well as competency requirements.
  • Helping reduce liability for both the business owner(s) and the consumer.

Licensing is beneficial for all parties involved. Yes, the state does make money from this but that figure is insignificant to the amount of money saved by both businesses and consumers who are protected by legislation. Do you think liability insurance for a locksmith company is less or more in a licensed state? I'll give you a hint, the answer starts with "L".

If licensing does nothing to protect the consumer and only drives up costs then I would suggest you start looking for unlicensed doctors to provide you health services or unlicensed electricians, plumbers, or automotive mechanics to perform services for you. You might save a buck or two along the way.
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Re: Is it legal?

Postby raimundo » 15 Nov 2009 8:56

as far as the question of law, anything can be illegal if the corporations who own the politicians want it illegal, who knows if they have thought of this yet,
however, where I live, drug dealing is illegal, but it goes on all the time and is never prosecuted unless the police catch it happening 'en flagrante'. People who acknowlege that they have spent their entire adult lives as drug dealers are not prosecuted except for the little bit that they may have when arrested.

If rekeying a lock were illegal, it must fall into that category of catching someone 'en flagrante' to do anything about it I would think.
The law dosent care what some drug dealer did last year, thats over and they got away with it, nothing more to say.
On the other hand, most of the politicians who make the laws are crooks on the graft anyway, and most of them will have impunity forever.
Wake up and smell the Kafka!!!
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Re: Is it legal?

Postby Tyler J. Thomas » 15 Nov 2009 12:40

raimundo wrote:as far as the question of law, anything can be illegal if the corporations who own the politicians want it illegal, who knows if they have thought of this yet


And this is when I stopped reading your post.
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Re: Is it legal?

Postby ElAbogado » 16 Nov 2009 13:29

UnFairjack wrote:I am from CA and a buddys aunt asked me to rekey/masterkey her house. Im not a locksmith. What are the legal requirements for doing a job like this? And is there any thing i should mindful of?



California Business & Professions code section 6980 et. seq. governs locksmiths in this state. You should be particularly interested in the sections below:

(j) "Locksmith" means any person who, for any consideration whatsoever, engages, directly or indirectly and as a primary or secondary object, in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks. A "locksmith" does not mean any person whose activities are limited to making a duplicate key from an existing key.

(m) "Lock" means any mechanical, electromechanical, electronic, or electromagnetic device, or similar device, including any peripheral hardware, that is designed to control access from one area to another, or that is designed to control the use of a device.

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Re: Is it legal?

Postby datagram » 16 Nov 2009 14:01

UnFairjack wrote:I am from CA and a buddys aunt asked me to rekey/masterkey her house. Im not a locksmith. What are the legal requirements for doing a job like this? And is there any thing i should mindful of?


You are allowed to do this as long as you do not represent yourself as a locksmith. You can charge whatever you want, but saying you are a locksmith without proper licensing is illegal in California.

dg
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Re: Is it legal?

Postby ElAbogado » 16 Nov 2009 18:20

datagram wrote:
UnFairjack wrote:I am from CA and a buddys aunt asked me to rekey/masterkey her house. Im not a locksmith. What are the legal requirements for doing a job like this? And is there any thing i should mindful of?


You are allowed to do this as long as you do not represent yourself as a locksmith. You can charge whatever you want, but saying you are a locksmith without proper licensing is illegal in California.

dg


Wrong answer. If you do the proscribed work, no matter what you call yourself, you need the license.

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Re: Is it legal?

Postby Tyler J. Thomas » 16 Nov 2009 18:47

Would not the in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks portion only apply to individuals who are looking to operate, conduct means of business, or otherwise make a profit from California's definition of a locksmith?

He's not in the business of any of that.

Furthermore, section 6980.26 states that:

Each locksmith license, together with the current renewal certificate, if any, shall at all times be conspicuously displayed at the place of business, and in each branch office, for which the license is issued.


Again, another reference applicable only to individuals who operate a business offering locksmith services (which wouldn't implicate the OP in the least).
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Re: Is it legal?

Postby Tyler J. Thomas » 16 Nov 2009 18:49

Oh, I just realized what you were hinting at. If he charges for the work, yes he needs a license. If he's doing this for nothing *HINT HINT* he's in the clear.
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Re: Is it legal?

Postby WOT » 16 Nov 2009 18:51

California is quirky like that.

State statutes often refer to other states as "foreign" and Cali has a tendency to act as the country of California, and the rest are foreign.

When they bring in agricultural products into CA, it can get inspected for pests, etc. Like going through customs.
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