Federal prohibition on mailing locksmith devices (picks)

[ElAbogado]

This just goes to show that even a seasoned lawyer can learn something new every day....

NB: This unofficial compilation of the U.S. Code is current as of Jan. 8, 2008 (see http://www.law.cornell.edu/uscode/uscprint.html).
- 1 -
TITLE 39 - POSTAL SERVICE
PART IV - MAIL MATTER
CHAPTER 30 - NONMAILABLE MATTER

§ 3002a. Nonmailability of locksmithing devices
(a) Any locksmithing device is nonmailable mail, shall not be carried or delivered by mail, and shall
be disposed of as the Postal Service directs, unless such device is mailed to—
(1) a lock manufacturer or distributor;
(2) a bona fide locksmith;
(3) a bona fide repossessor; or
(4) a motor vehicle manufacturer or dealer.
(b) For the purpose of this section, “locksmithing device” means—
(1) a device or tool (other than a key) designed to manipulate the tumblers in a lock into the
unlocked position through the keyway of such lock;
(2) a device or tool (other than a key or a device or tool under paragraph (1)) designed for the
unauthorized opening or bypassing of a lock or similar security device; and
(3) a device or tool designed for making an impression of a key or similar security device to
duplicate such key or device.
(Added Pub. L. 100–690, title VII, § 7090(a), Nov. 18, 1988, 102 Stat. 4409.)

[ElAbogado]

Here is the follow up that answers the questions you may have about the penalty for violation of this law:

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 83 - POSTAL SERVICE
§ 1716A. Nonmailable locksmithing devices and motor vehicle master keys
(a) Whoever knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail
according to the direction thereon, or at any place to which it is directed to be delivered by the person
to whom it is addressed, any matter declared to be nonmailable by section 3002 of title 39, shall be
fined under this title or imprisoned not more than one year, or both.
(b) Whoever knowingly deposits for mailing or delivery, causes to be delivered by mail, or causes to
be delivered by any interstate mailing or delivery other than by the United States Postal Service, any
matter declared to be nonmailable by section 3002a of title 39, shall be fined under this title, imprisoned
not more than one year, or both.
(Added Pub. L. 90–560, § 2(1), Oct. 12, 1968, 82 Stat. 997; amended Pub. L. 91–375, Aug. 12, 1970,
§ 6(j)(26), 84 Stat. 780; Pub. L. 100–690, title VII, § 7090(c), Nov. 18, 1988, 102 Stat. 4410; Pub. L.
101–647, title XXXV, § 3551, Nov. 29, 1990, 104 Stat. 4926.)
Amendments

Looks like we have to use UPS or Fed EX for shipping these items and NOT the US Mail.

[Squelchtone]

These laws are so outmoded, its like the 1986 ECPA law stating that it is illegal to listen to cordless and cellular phone using a police scanner, which in turn brought about manufacturing changes so that any scanner sold in America cannot be made to tune into cellular frequencies, something manufacturers do to this day even though cordless phones use 5.8 GHZ spread spectrum and cell phones use 1900 Mhz, which most scanners cannot even listen to, and even if they could the cell technology is all digital and scanners can't listen to that type of modulation.

I think a lot of the lockpick tool laws, be it state, or USPS, hinge heavily on intent. At least where I live in MA, they made it pretty clear, at least in my eyes, that there must be intent to do something bad with the lockpicking tools in order for it to be considered a criminal act. Mere possession means nothing. The USPS thing you posted doesn't seem to be as flexible.

Thanks for posting that
Squelchtone

[mh]

Just out of curiosity - this law doesn't apply to e.g. Fedex, does it?

[ElAbogado]

USPS (United States Postal Service) only. You can send them UPS or Fed EX, as stated in the second post.

El Abogado

[unlisted]

Personally speaking, I think this is more one of those "idiot" laws- not the actual law, but if you actually get charged with it.


Bad person buys tools online, and its shipped USPS.

Bad person breaks into a house with said tools and is caught.

When police investigate, and find tools bought online and shipped via USPS, police have yet another item to charge said offender with.



Its like our License place cover law over here in Ontario- its illegal to have a transparent plate cover on your vehicle. Lots of people do, but they are never charged for it, unless the person is being an "idiot" (when being investigated for speeding, etc) -hence an idiot charge (better known in police circles as an "@$$hole charge")

[thelockpickkid]

This is nonsense, it may be a written law but locksmith or hobbiest, you will get your picks in the mail more often than fedex or ups. I am a locksmith and get picks in the mail now just as often as when I was not, and nobody has ever asked for proof or anything and they won't. They don't care.

[mh]

USPS (United States Postal Service) only. You can send them UPS or Fed EX, as stated in the second post.

The reason I was asking was - it says "Whoever knowingly deposits for mailing or delivery, causes to be delivered by mail, or causes to be delivered by any interstate mailing or delivery other than by the United States Postal Service," - but still I also heard that Fedex is ok.

When police investigate, and find tools bought online and shipped via USPS, police have yet another item to charge said offender with.

It seems to me that they could then only charge the seller / "mailer" for that.

If it's like this - USPS is forbidden but Fedex is allowed - then the only idiots in this game were the guys who passed that law, or more likely, they had Fedex stock.
*replace Fedex with "any-non-USPS-Parcel-Service"

Cheers
mh

[Legion303]

We've been over this in the forums before.

Looks like we have to use UPS or Fed EX for shipping these items and NOT the US Mail.

Not necessarily. The majority of states do not have licensing requirements for locksmiths, so anyone (from those states) who says he is a locksmith *is* one. Furthermore, the shipper has only the word of the recipient to go on and is not required to keep records. If someone orders my picks and I believe they are a legitimate lock professional, I will happily mail their set via USPS.

The other part of the postal code you are missing is that these locksmithing devices cannot be labeled as such even when you are mailing them to a "bona fide" lockie, which produces interesting complications when mailing to another country with a customs form required.

-steve

[Legion303]

If it's like this - USPS is forbidden but Fedex is allowed - then the only idiots in this game were the guys who passed that law, or more likely, they had Fedex stock.

USPS used to be completely government-run, which caused many regulations to be put into place because that's what government does. However, the government cannot place these same regulations on private carriers because it isn't actually illegal to transport locksmith devices. Now USPS is no longer government-run (in effect, it is a private carrier with self-sustaining revenues) but is still subject to gov't regulations. It's idiotic.

-steve

[Eyes_Only]

Dude I just mail it.

[raimundo]

Theres no need to identify the contents of a package mailed in the US. For customs, you could declare "claustrarius artifex" latin for locksmith tools.

[mh]

you could declare "claustrarius artifex" latin for locksmith tools.

ROMANES EUNT DOMUS ??

I believe "faber claustrarius" or "artifex claustrarius" refers to the locksmith himself;
and "instrumenta fabri claustrarius" to his tools.

Cheers
mh

[raimundo]

UH, thanks for clearing that up MH

[jabraham]

Looks like they still teach Latin in Germany.