# how legal are lockpicking tools?
**URL:** https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181
**Category:** Factual Questions
**Created:** [June 18, 2001, 3:31am UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181 "2001-06-18T03:31:20Z")
**Posts on this page:** 11
**Page:** 1
### Author:  [@Ottoerotic](https://boards.straightdope.com/u/Ottoerotic)
#### Post date: [June 18, 2001, 3:31am UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/1 "2001-06-18T03:31:20Z")
My friend just ordered a set of lock picks through a catalogue and I was wondering, Is this illegal? Everyone gives me a different response everything from “absolutely”, to “Only if you’re caught using them”. Does anybody know of any specific laws that deal with this. I’m not sure if this is dealt with at the national or state level so I live in Wisconsin if that helps. thanks
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### Author:  [@Sultan\_Kinkari](https://boards.straightdope.com/u/Sultan_Kinkari)
#### Post date: [June 18, 2001, 3:43am UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/2 "2001-06-18T03:43:50Z")
**Lockpicking tools are 100% legal.**
There are thousands of professional licksmiths(I meant locksmiths, but I like licksmiths better, ;)) that use them everyday, legally, in their work. Thank god for those tools, cuz I’d have been up shit creek more than a few times without them.
An interesting side-story, somewhat related, is that you can legally buy psychadelic mushroom _spores_\*, but it is illegal to grow or possess them. Go figure.
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### Author:  [@typo\_mna](https://boards.straightdope.com/u/typo_mna)
#### Post date: [June 18, 2001, 3:47am UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/3 "2001-06-18T03:47:55Z")
When my friends and I were learning to pick, I was informed that lockpicks were illegal in Wisconsin if you didn’t have a locksmithing license. This source was a high school kid, not exactly an legal expert. To be on the safe side, we took great pains to keep our tools hidden from authority types.
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### Author:  [@Osip](https://boards.straightdope.com/u/Osip)
#### Post date: [June 18, 2001, 12:03pm UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/4 "2001-06-18T12:03:39Z")
Are lockpicks legal? Geesh well Buddy boy where the heck are you?
There are many differences from state to state about the possesion. In alabama it is a bit vague as to whom may possess, and a minor felony.
Your friends neck of the woods? Check your local and state for legality.
Osip
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### Author:  [@Osip](https://boards.straightdope.com/u/Osip)
#### Post date: [June 18, 2001, 12:09pm UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/5 "2001-06-18T12:09:20Z")
Are lockpicks legal? Geesh well Buddy boy where the heck are you?
There are many differences from state to state about the possesion. In alabama it is a bit vague as to whom may possess, and a minor felony.
Your friends neck of the woods? Check your local and state for legality.
Osip
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### Author:  [@wring](https://boards.straightdope.com/u/wring)
#### Post date: [June 18, 2001, 12:18pm UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/6 "2001-06-18T12:18:14Z")
exactly. It depends on your local. in Michigan you must have a legitimate reason (ie are a locksmith as has been noted, some other occupations may also qualify).
As a general note in general questions, if you are asking ‘is this legal’, you really need to:
1. Identify you local.
2. Not rely on the info you get here (not that we might be wrong, but frankly, if you got busted and your defense was “I asked at the SDMB and they said it was legal”, I’d be able to hear the laughter from here)
So, in my state (Michigan), I’d call up the state attorney general’s office. Your milage may vary.
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### Author:  [@Evnglion](https://boards.straightdope.com/u/Evnglion)
#### Post date: [June 18, 2001, 2:05pm UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/7 "2001-06-18T14:05:04Z")
In a lot of cases, my state for example, you have to take a “locksmith’s oath” before purchasing. It is really stupid, and there is no one to make sure you don’t go back on your word. Another thing is, if you are using the lockpicks for the right reasons, maybe as a hobby on things you own, or for emergencies, then of course it isn’t illegal. But, if you are using them for malicious reasons, breaking and entering, things like that, then you are dead meat in the legal system.
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### Author:  [@occ](https://boards.straightdope.com/u/occ)
#### Post date: [June 18, 2001, 2:51pm UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/8 "2001-06-18T14:51:42Z")
> [@](#):
>
> \*Originally posted by wishbone \*
> \*\ ***Lockpicking tools are 100% legal.**
>
> There are thousands of professional licksmiths(I meant locksmiths, but I like licksmiths better, ;)) that use them everyday, legally, in their work. Thank god for those tools, cuz I’d have been up shit creek more than a few times without them.
> An interesting side-story, somewhat related, is that you can legally buy psychadelic mushroom _spores_\*, but it is illegal to grow or possess them. Go figure.
> \*\*
I believe the laws regarding posession of lockpics vary greatly; in many cases, I think they’re even different from town to town, so this probably isn’t the best place to get specific legal information. I’ve heard that some places require the “locksmith license” mentioned above. Also, if you are charged with a crime, and have lockpicks in your posession, you can also be charged with something like “posession of burglary tools”, a seperate crime.
With regards to the magic mushrooms: the reason that the spores aren’t illegal is that they do not contain the controlled substance (psilocybin, or something like that). The active chemical is only created after the fungus is produced.
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### Author:  [@handy](https://boards.straightdope.com/u/handy)
#### Post date: [June 18, 2001, 3:03pm UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/9 "2001-06-18T15:03:56Z")
Possession is 9/10th of the law. Possession of such tools shows intent, whether you intend to use them or not. Therefore, depending what you are doing & where you are at the time determines if they are legal or not.
Must be some young people with the tools. I did that once when I was young.
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### Author:  [@\_Tim](https://boards.straightdope.com/u/_Tim)
#### Post date: [June 18, 2001, 8:56pm UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/10 "2001-06-18T20:56:42Z")
From the [alt.locksmithing FAQ](http://www.faqs.org/faqs/locksmith-faq/):
> [@](#):
>
> 1. Is it legal to carry lock picks?
> This depends on where you are. In the U.S. the common case seems to be that it is legal to carry potential “burglar tools” such as keys, picks, crowbars, jacks, bricks, etc., but use of such tools to commit a crime is a crime in itself. Call your local library, district attorney, police department, or your own attorney to be sure. Possession of potential “burglar tools” can be be used as evidence against you if you are found in incriminating circumstances. An example of a state law can be found in the Virginia State Code: Section 18.2-94 _Possession of burglarious tools, etc._ “If any person have in his possession any tools, implements or outfit, with intent to commit burglary, robbery or larceny, upon conviction thereof he shall be guilty of a Class 5 felony.” Note that the prosecution has to prove “intent”. However, the law continues: “The possession of such burglarious tools, implements or outfit by any person other than a licensed dealer, shall be prima facie evidence of an intent to commit burglary, robbery or larceny.” This means that the possessor can have a bit of an uphill battle and has to convince the jury that this ‘prima facie evidence’ is misleading.
> Places where it _is_ illegal to carry lock picks:
> The District of Columbia, New York State and Illinois. New Jersey law appears to make these illegal if they can work motor vehicle locks. There may be many other places as well (such as Canada, Maryland and California.) It can be hard to tell since the relevant laws can be dealing with burglary, motor vehicles or locksmith regulation, etc. This emphasizes the importance of finding out for _your_ area - and determining the applicability to _your_ circumstances (e.g., locksmith, full or part-time), repo worker, building maintenance worker, …
The sad thing is that ten years ago it wasn’t illegal to simply possess lockpicks anywhere in the US…
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### Author:  [@bughunter](https://boards.straightdope.com/u/bughunter)
#### Post date: [June 18, 2001, 9:15pm UTC](https://boards.straightdope.com/t/how-legal-are-lockpicking-tools/69181/11 "2001-06-18T21:15:13Z")
> [@](#):
>
> _Originally posted by handy \*
> \*\*
> Possession is 9/10th of the law. Possession of such tools shows intent…_\*
Yet another example of a cliche being grossly misunderstood.
“Possession is 9/10ths of the law” applies to ownership disputes, not possession of lockpicks, guns, Rohypnol, yam oil, or anything else that might be used to infer intent. And it’s not even a good cliche - it’s a completely unreliable test.