License to buy pins?

[MacGyver101]

. . . given that there is a specific description of what activity is allowed without a license, it could be construed that everything else requires a license...

I agree with you: he should consult a lawyer if he wants to be sure... and I don't know anything about how NJ has applied this law in practice, so perhaps it is construed that way in the courts.

In the absence of any strange case law, though, that last clause removes items from the list of things that are licensed activities... it doesn't create a list of activities that are unlicensed. (The distinction's subtle, but important.) As it's written:

• Recombination, repair, etc. without compensation: not included in the definition of "locksmithing service". If your buddy gives you a beer for fixing his broken deadbolt, though, you've just performed a locksmithing service.
• Any lockpicking or safe manipulation: is a "locksmithing service", with or without compensation. (You're technically violating this if you pick your own locks in New Jersey.)
• Key cutting (with or without compensation): not listed, and there not included in the definition of "locksmithing service" (and, thus, random employees at Home Depot can do it).

I understand your caution -- at it's good to be cautious when it comes to staying legal -- but, the way it's written, I don't think it's correct to assume that anything missing from the "does not include" clause is a "Locksmithing service"... otherwise, by extension, things like designing a master key system, stamping things onto a key bow, and lawn mowing (none of which are listed under "does not include") would be a Locksmithing Service.

Not receiving compensation is a form of compensation . . .

Absolutely no disrespect intended, but I have to disagree with you there: compensation/consideration is either given or it isn't. I can't think of a circumstance where someone giving you nothing for your work would be the same as them giving you something.

You should read the subchapters of Title 13, Chapter 31A of the New Jersey Administrative Code before you say that possessing locksmithing tools which allow you do undertake an activity which requires a state license to legally do...

I double-checked Chapter 31A... and my apologies if I missed it, but it seems to only regulate people's activities (e.g., recombinating locks). It doesn't look like it tries to regulate the ownership or possession of objects (like tools); a bag of pins sitting on my desk, or a key machine sitting on my workbench, is different than me engaging in Locksmithing services.

[Evan]

. . . given that there is a specific description of what activity is allowed without a license, it could be construed that everything else requires a license...

I agree with you: he should consult a lawyer if he wants to be sure... and I don't know anything about how NJ has applied this law in practice, so perhaps it is construed that way in the courts.

In the absence of any strange case law, though, that last clause removes items from the list of things that are licensed activities... it doesn't create a list of activities that are unlicensed. (The distinction's subtle, but important.) As it's written:

• Recombination, repair, etc. without compensation: not included in the definition of "locksmithing service". If your buddy gives you a beer for fixing his broken deadbolt, though, you've just performed a locksmithing service.
• Any lockpicking or safe manipulation: is a "locksmithing service", with or without compensation. (You're technically violating this if you pick your own locks in New Jersey.)
• Key cutting (with or without compensation): not listed, and there not included in the definition of "locksmithing service" (and, thus, random employees at Home Depot can do it).

I understand your caution -- at it's good to be cautious when it comes to staying legal -- but, the way it's written, I don't think it's correct to assume that anything missing from the "does not include" clause is a "Locksmithing service"... otherwise, by extension, things like designing a master key system, stamping things onto a key bow, and lawn mowing (none of which are listed under "does not include") would be a Locksmithing Service.

I disagree with you on that interpretation... Key Duplication is specifically exempted for "any person" with the exception of keys marked "do not duplicate" or "master key"... (I guess we have found another jurisdiction within which "do not duplicate" actually has a legally enforceable meaning)... Designing a master key system would be covered as it is an activity which involves the "consulting and providing technical advice regarding selection of hardware and locking systems of mechanical or electronic locking devices"... Lawn mowing has no context to activities involving locks and locksmithing unless the lawn mower at issue is locked with a lock you have lost the key to and are attempt to "operating a mechanical or electronic locking device, safe or vault by means other than those intended by the manufacturer of such locking devices" by attempting or completing the removal of the lock with anything other than the correct key (picking, destructive entry, bypassing, etc)...

Given that in the New Jersey Statutes it is specifically defined to whom the licensing provisions do not apply:

8. The provisions of this act regarding the practice of locksmithing services shall not apply to:

a. The activities of any person performing public emergency services for a governmental entity if that person is operating under the direction or control of the organization by which he is employed;

b. The activities of any sales representative who is offering a sales demonstration to licensed locksmiths;

c. The activities of any automotive service dealer or lock manufacturer, or their agent or employee, while servicing, installing, repairing, or rebuilding locks from a product line utilized by that dealer or lock manufacturer;

d. The activities of any member of a trade union hired to install any mechanical locking device as part of a new building construction or renovation project; and

e. The activities of any person using any key duplicating machine or key blanks, except for keys marked "do not duplicate" or "master key."

L.1997, c.305,s.8.

The statutes also apparently conflict as far as "definitions" so I would go by the one which is Statute a.k.a. "law" rather than the one which is Code a.k.a. "regulation":

2. For the purpose of this act, unless otherwise indicated by the context:

(n) "Locksmithing services" means the modification, recombination, repair or installation of mechanical locking devices and electronic security systems for any type of compensation and includes the following: repairing, rebuilding, recoding, servicing, adjusting, installing, manipulating or bypassing of a mechanical or electronic locking device, for controlled access or egress to premises, vehicles, safes, vaults, safe doors, lock boxes, automatic teller machines or other devices for safeguarding areas where access is meant to be limited; operating a mechanical or electronic locking device, safe or vault by means other than those intended by the manufacturer of such locking devices, safes or vaults; or consulting and providing technical advice regarding selection of hardware and locking systems of mechanical or electronic locking devices and electronic security systems; except that "locksmithing services" shall not include the installation of a prefabricated lock set and door knob into a door of a residence;

L.1962,c.162,s.2; amended 1962, c.185, s.1; 1997, c.305, s.1; 2001, c.21, s.2.

I stand behind my interpretation where anyone not specifically exempted from the licensing requirements in the "nonapplicability of act" law requires a license to perform "locksmithing services" and the only activity exempted under the law from that definition is "installation of a prefabricated lock set and door knob into a door of a residence"... My experience with interpreting laws indicates that when something is specifically listed as "shall not include" is that the legislative intent is to regulate every other aspect of the activity besides those which have been explicitly disqualified... It is on that basis which I conclude that every activity OTHER than installing a lock set on the door of a residence requires a license because of that final sentence in the definitions of locksmith services law coupled with the nonapplicability of act section which again explicitly excludes only those specifically listed people/situations from regulation and licensure... Everything else is regulated as nothing anywhere else in the law makes the distinction regarding compensation...

Perhaps you could explain your reasoning in saying that you need not be licensed to conduct locksmithing services even for yourself, for no compensation, if your activities are not specifically covered by an exemption in the nonapplicability section... My read of it all is that if you are not exempted, the full licensing provisions apply regardless of compensation... It seems like the legislative intent there was to prohibit employees of non-licensed locksmithing businesses from engaging in those specified activities, so that maintenance technicians, handymen, property managers, etc, could not engage in those regulated activities (lock repair, recombination)... Not that anyone engaging in those activities for free (no compensation) can do so without being licensed....

The confusion here seems to be how absolute that nonapplicability section is, whether or not it supercedes or effects the compensation issue, and how that has been applied by the courts in New Jersey... Neither one of us knows enough about how the New Jersey laws interact in this situation other than how we are interpreting them...

~~ Evan

[Evan]

I double-checked Chapter 31A... and my apologies if I missed it, but it seems to only regulate people's activities (e.g., recombinating locks). It doesn't look like it tries to regulate the ownership or possession of objects (like tools); a bag of pins sitting on my desk, or a key machine sitting on my workbench, is different than me engaging in Locksmithing services.

Well, you could make that argument, however, gunsmiths won't sell tools and materials specific to fire arms construction, use and maintenance to people who do not have an FID card and a license to carry...

Hence the OP noted that a licensed locksmith would not sell him components of locks which are used or consumed in the process of engaging in "locksmithing services" which are regulated...

~~ Evan

[Eyes_Only]

But wouldn't that mean that the hobby of locksport is unlawful in the state of NJ? If a lock part such as a key pin is subject to stringent regulation by the state government, then it would be illegal for someone who is not a locksmith to posses any other tool or device that is specific to the locksmith trade (with the exception of standard non-DND key blanks and key machines in businesses like Home Depot I'm guessing).

Are there any other lockpickers here from NJ that knows anything about this? I've heard rumors that places like the district of columbia are more serious about these kinds of things, but I haven't heard of NJ being that strict.

[Evan]

But wouldn't that mean that the hobby of locksport is unlawful in the state of NJ? If a lock part such as a key pin is subject to stringent regulation by the state government, then it would be illegal for someone who is not a locksmith to posses any other tool or device that is specific to the locksmith trade (with the exception of standard non-DND key blanks and key machines in businesses like Home Depot I'm guessing).

Are there any other lockpickers here from NJ that knows anything about this? I've heard rumors that places like the district of columbia are more serious about these kinds of things, but I haven't heard of NJ being that strict.

@Eyes_Only:

Well yeah... You wouldn't have the tools and materials to load your own ammunition without a fire arms license and those tools and equipment are very specific to that activity... It isn't like other tools for other regulated professions where they have other uses outside the regulated activity, i.e. pliers are not specifically intended nor designed to be used ONLY by a plumber or electrician... Lock picks and pinning kits are very specific instruments and equipment which are only used in the trade of locksmithing, as are a number of other tools and pieces of equipment which are specifically designed to be used by locksmiths...

So it can be construed by the police if they observe you with those tools or someone calls them about your possessing them that you are more likely than not (probable cause) engaging in the regulated activities without a license... Just how serious an offense that can be is something that I haven't done any research on, it could be as simple as a "disorderly conduct" type offense or it could be much more draconian... But it won't be something like the "possession of burglary tools" where intent needs to be shown that you were going to use them for that purpose as the practice where those tools are necessary is regulated and you don't possess the proper license to engage in the activities which require the use of those tools...

~~ Evan