Well, I've been running around looking for this, and so far as I can tell, California Penal Code s.466 was ammended in 2002.
The amendments, as best as I can tell expanded the list of "tools" and "premesis" that are covered under the code.
The requirement for "felonious intent" is still very much a major component. Further, the requirement absolves anyone who uses the tools or techniques under the supervision of, or at the direct request of any person legally entitled to open a vehicle or premesis.
Again, in California, as in many other states and provinces, posession of "burglery tools" is a misdemeanor offence. Meaning that while the crimes comitted with the tools may be a felony, the tools themselves are not. This is what is often referred to as an ancillary charge. Commonly used by the prosecution as a bargining chip.
Bear this in mind however. Conviction of posession of "burglery tools" at any point means that future possession of the same, even in lawful circumstances will most likely result in the arrest of the person, and seizure of the tools purely on the strength of a prior conviction.
So...
Under California state law posession of the tools is NOT a crime of any sort. Use of the tools in the comission of a felony IS a misdemeanor offence.
Look at this link, it will provide information on the penal code.
http://caselaw.lp.findlaw.com/cacodes/pen/466-469.html
Now, for anyone interested in locksmithing as a profession, they should examine this information at the following link.
http://www.leedobbs.com/law/Lawbp.html
That information should do a lot to help any of our members in California who wish to engage in professional operations.
Good luck,
Romstar
