# Is picking locks illegal in most places? **URL:** \ **Category:** Factual Questions\ **Created:** [October 31, 2006, 2:51am UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536 "2006-10-31T02:51:00Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Hunter\_Hawk](https://avatars.discourse-cdn.com/v4/letter/h/50afbb/32.png) [@Hunter\_Hawk](https://boards.straightdope.com/u/Hunter_Hawk)\ **Post date:** [October 31, 2006, 2:51am UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/1 "2006-10-31T02:51:00Z")
Inspired by the comment from **samclem** when closing [this thread](http://boards.straightdope.com/sdmb/showthread.php?t=394270). I can understand how opening locks in the process of conducting nefarious deeds would be illegal, but is the act itself often illegal? Or is there some sort of licensing required? (I really intend this as a GQ-oriented question, not a complaint about the thread being closed.) ---
**Author:** ![Sierra\_Indigo](https://avatars.discourse-cdn.com/v4/letter/s/f0a364/32.png) [@Sierra\_Indigo](https://boards.straightdope.com/u/Sierra_Indigo)\ **Post date:** [October 31, 2006, 2:57am UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/2 "2006-10-31T02:57:12Z")
I’d be interested in seeing info about this as well, because if it was truly “illegal” then there’d be no locksmiths, surely. ---
**Author:** ![Shagnasty](https://avatars.discourse-cdn.com/v4/letter/s/9dc877/32.png) [@Shagnasty](https://boards.straightdope.com/u/Shagnasty)\ **Post date:** [October 31, 2006, 3:10am UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/3 "2006-10-31T03:10:13Z")
[QUOTE=Sierra Indigo] I’d be interested in seeing info about this as well, because if it was truly “illegal” then there’d be no locksmiths, surely. [/QUOTE] Locksmiths are licensed in many states and the tools of the trade are often restricted from the general public. It depends on the jurisdiction but even possessing locksmithing tools can be illegal so it is a regulated activity. Illionis as a sample state: [http://www.ilga.gov/commission/jcar/admincode/068/068012400D03000R.html](http://www.ilga.gov/commission/jcar/admincode/068/068012400D03000R.html) ---
**Author:** ![Max\_Torque](https://avatars.discourse-cdn.com/v4/letter/m/e9bcb4/32.png) [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)\ **Post date:** [October 31, 2006, 3:45am UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/4 "2006-10-31T03:45:11Z")
If you strolled up to some random person’s front door and picked or even attempted to pick the lock, you’d have a hard time fighting off an “attempted burglary” charge, even if you never opened the door. Let’s face it, that just looks bad. If you own a bunch of old locks and enjoy picking them in the privacy of your own home, however, go nuts. I know of no law in any state that makes the act of picking illegal in itself, if you own the lock and have no nefarious intent. Be aware, however, that having lockpicks or a pick gun or the like in your possession (if you’re not a professonal locksmith) amounts to carrying “thieves’ tools”, and you’re likely to be charged with every unsolved burglary in the area dating back years. I have dabbled in lockpicking, and I totally suck at it. Despite loads of practice, I have never successfully picked a pin tumbler lock, which is the type used in every deadbolt and doorknob in America. Picking locks is a beastly difficult skill to acquire, and it’ll take years of practice and the wearing out of many sets of tools to become reasonably proficient. If you’re going that route, you might as well become a locksmith and actually make honest money at it. ---
**Author:** ![danceswithcats](https://avatars.discourse-cdn.com/v4/letter/d/9e8a1a/32.png) [@danceswithcats](https://boards.straightdope.com/u/danceswithcats)\ **Post date:** [October 31, 2006, 4:42am UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/5 "2006-10-31T04:42:10Z")
Like many other tools which are proprietary to the industry, if you’re not a locksmith, having them in your vehicle or on your person is considered possession of an instrument of crime. Bump keys, lock picks, pick guns, door opening tools-don’t carry them if you’re not employed in this trade, unless you enjoy the prospect of a night in county lockup. ---
**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\ **Post date:** [October 31, 2006, 5:27am UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/6 "2006-10-31T05:27:29Z")
[QUOTE=danceswithcats] Like many other tools which are proprietary to the industry, if you’re not a locksmith, having them in your vehicle or on your person is considered possession of an instrument of crime. Bump keys, lock picks, pick guns, door opening tools-don’t carry them if you’re not employed in this trade, unless you enjoy the prospect of a night in county lockup. [/QUOTE] I presume you can also carry them if you’re on the way to locksmithing school. Or is locksmithing an apprentice-only trade, with training at the workplace? Speaking of trades or professions with restricted tools, is it true that owning a [packet sniffer](http://en.wikipedia.org/wiki/Packet_sniffer) in some jusrisdictions is illegal without some kind of license? ---
**Author:** ![groman](https://avatars.discourse-cdn.com/v4/letter/g/73ab20/32.png) [@groman](https://boards.straightdope.com/u/groman)\ **Post date:** [October 31, 2006, 5:37am UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/7 "2006-10-31T05:37:52Z")
[QUOTE=Sunspace] Speaking of trades or professions with restricted tools, is it true that owning a [packet sniffer](http://en.wikipedia.org/wiki/Packet_sniffer) in some jusrisdictions is illegal without some kind of license? [/QUOTE] How do you “own” a packet sniffer and how would you define one legally? I think the builtin Windows firewall would qualify under any definition broad enough to include most packet sniffers making the definition useless. ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [October 31, 2006, 1:34pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/8 "2006-10-31T13:34:38Z")
I doubt the law has caught up enough to make it illegal. Besides, there are perfectly legal uses for packet sniffers (and password crackers and much hacking software). ---
**Author:** ![Tomcat](https://avatars.discourse-cdn.com/v4/letter/t/8e8cbc/32.png) [@Tomcat](https://boards.straightdope.com/u/Tomcat)\ **Post date:** [October 31, 2006, 1:37pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/9 "2006-10-31T13:37:31Z")
[QUOTE=Max Torque] I have dabbled in lockpicking, and I totally suck at it. Despite loads of practice, I have never successfully picked a pin tumbler lock, which is the type used in every deadbolt and doorknob in America. Picking locks is a beastly difficult skill to acquire, and it’ll take years of practice and the wearing out of many sets of tools to become reasonably proficient. If you’re going that route, you might as well become a locksmith and actually make honest money at it. [/QUOTE] Just raking is easier for those locks. [Wikipedia](http://en.wikipedia.org/wiki/Lock_picking) has a great entry on lock picking. The rakes are the one on the right, and forth from the left in the picture (at least those are the only two I have used). It’s a fast a brutal method that often works on lower quality locks (like in common door handles). And how do I know this? It’s Magic, I tell ya! Magician’s still use lock picks, and that is one reason why laws often need intent as well as possesion to bust you. My friend owns a magic store and has actually picked locks for police to get them inside a house. A 2 year-old kid was wandering outside a house crying and my friend called the cops. They came and thought they saw someone inside, but no amount of banging on the door got anyone to come. So my friend offered to help them get in, they said yes, he picked the lock, they went inside and found the drunken mom passed out. -Tcat ---
**Author:** ![Max\_Torque](https://avatars.discourse-cdn.com/v4/letter/m/e9bcb4/32.png) [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)\ **Post date:** [October 31, 2006, 4:43pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/10 "2006-10-31T16:43:00Z")
Well, sure, a rake will _work_, but I wanted to learn how to pick by “breaking” each individual pin. And like I say, that’s very tricky and takes lots of practice, and I never managed to successfully pick a standard pin tumbler lock. Wafer tumbler locks, like those found on file cabinets, desk drawers, and some windows, now, those are a snap. ---
**Author:** ![ChipsNDip](https://avatars.discourse-cdn.com/v4/letter/c/ad7895/32.png) [@ChipsNDip](https://boards.straightdope.com/u/ChipsNDip)\ **Post date:** [October 31, 2006, 4:51pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/11 "2006-10-31T16:51:43Z")
[QUOTE=Max Torque] I have dabbled in lockpicking, and I totally suck at it. Despite loads of practice, I have never successfully picked a pin tumbler lock, which is the type used in every deadbolt and doorknob in America. Picking locks is a beastly difficult skill to acquire, and it’ll take years of practice and the wearing out of many sets of tools to become reasonably proficient. [/QUOTE] It helps to start with simple, cheap locks. I got one of those $8 hardware store door locks, and it took me about four hours to figure out what I was doing. After that, I could pick the simple lock in about five minutes (which is still horrible - it can be done by a professional in a matter of seconds). I was able to teach several friends to pick the same lock. I have also been able to pick the locks of our desk drawers at work when someone left their key at home, and needed something from their drawer. All of this was done with a minimum of practice - I haven’t spent a lot of time on it, probably ten hours total. Now, a more complex tumbler lock like the one we have at our house I haven’t been able to pick yet… but the locksmith who opened our door for us one time did that one in less than ten seconds. So I’m not proficient at all - but I’ve learned that it’s a lot easier than I ever thought it was. ---
**Author:** ![spingears](https://avatars.discourse-cdn.com/v4/letter/s/ebca7d/32.png) [@spingears](https://boards.straightdope.com/u/spingears)\ **Post date:** [October 31, 2006, 5:11pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/12 "2006-10-31T17:11:22Z")
[QUOTE=Hunter Hawk] Inspired by the comment from **samclem** when closing [this thread](http://boards.straightdope.com/sdmb/showthread.php?t=394270). [/QUOTE] In this thread you asked, “Am I missing something?” and the answer is: Indeed you are! Fortunately this isn’t the pit. Locksmiths are bonded and picking locks is incidental to the business of selling and installing locks, safes, and access security devices. In many jurisdictions lock picks, like burglary tools, will result in the arrest of the person who has them in his possession! YOU HAVE BEEN INFORMED, TAKE HEED, ACT ACCORDINGLY! ---
**Author:** ![Sunspace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sunspace/32/1250_2.png) [@Sunspace](https://boards.straightdope.com/u/Sunspace)\ **Post date:** [October 31, 2006, 5:16pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/13 "2006-10-31T17:16:51Z")
[QUOTE=spingears] Locksmiths are bonded and picking locks is incidental to the business of selling and installing locks, safes, and access security devices. In many jurisdictions lock picks, like burglary tools, **will** result in the arrest of the person who has them in his possession! [/QUOTE] (bolding mine) For John Q Random off the street, sure, but for a properly bonded and licensed locksmith, or a locksmithing student, or a police officer? There must be some kind of exception for those who actually use them legally. ---
**Author:** ![Hunter\_Hawk](https://avatars.discourse-cdn.com/v4/letter/h/50afbb/32.png) [@Hunter\_Hawk](https://boards.straightdope.com/u/Hunter_Hawk)\ **Post date:** [October 31, 2006, 5:21pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/14 "2006-10-31T17:21:21Z")
[QUOTE=spingears] In this thread you asked, “Am I missing something?” and the answer is: Indeed you are! Fortunately this isn’t the pit. [/QUOTE] 😕 Feel free to start a Pit thread, I guess, because I have no idea what you’re referring to. Other folks: Thanks for the info. ---
**Author:** ![Omphaloskeptic](https://avatars.discourse-cdn.com/v4/letter/o/bcef8e/32.png) [@Omphaloskeptic](https://boards.straightdope.com/u/Omphaloskeptic)\ **Post date:** [October 31, 2006, 5:46pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/15 "2006-10-31T17:46:21Z")
[QUOTE=Max Torque] Be aware, however, that having lockpicks or a pick gun or the like in your possession (if you’re not a professonal locksmith) amounts to carrying “thieves’ tools”,… [/QUOTE] Do you have a cite for that? As far as I know (but I ANAL, etc.), for most states the felony involves possession of burglary tools _with intent to use in a burglary_. Here’s the only relevant statute I found in [Arizona](http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/01505.htm&Title=13&DocType=ARS) and [Illinois](http://law.onecle.com/illinois/720ilcs5/19-2.html), the first two state criminal codes I found by Googling. Here are links to [more state criminal codes](http://www.lawresearchservices.com/firms/practice/ctcrime.htm). Arizona does appear to make simple possession of an automobile master key a felony, but that’s the only tool singled out for this special case. Everything else falls under the category of tools “adapted or commonly used for committing any form of burglary,” which presumably also includes fairly common tools like crowbars and glass cutters. California’s penal code lists, in the same category of possession with-intent-to-use, several tools which _you yourself may own!_: > [@](#): > > [CA Penal Code section 466](http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=466-469): > _Every person having upon him or her in his or her possession a picklock, crow, keybit, **crowbar, screwdriver, vise grip pliers,** water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, floor-safe door puller, master key, **ceramic or porcelain spark plug chips or pieces** , or other instrument or tool with intent feloniously to break or enter into…_ (Anybody know what the spark-plug chips is about?) [QUOTE=Max Torque] … and you’re likely to be charged with every unsolved burglary in the area dating back years. [/QUOTE] This seems rather alarmist. Most burglars, AFAIK, don’t bother with picking locks; they break windows or crowbar open doors. And even having the means to have committed a crime probably doesn’t rise to nearly the level of evidence required for a reasonable indictment, let alone a conviction. People charged with unregistered motor vehicles, for example, are not typically charged with every unsolved hit-and-run in the area just because they may have the means to have committed the crimes. ---
**Author:** ![flight](https://avatars.discourse-cdn.com/v4/letter/f/bbce88/32.png) [@flight](https://boards.straightdope.com/u/flight)\ **Post date:** [October 31, 2006, 7:10pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/16 "2006-10-31T19:10:23Z")
[QUOTE=Omphaloskeptic] Do you have a cite for that? As far as I know (but I ANAL, etc.), for most states the felony involves possession of burglary tools _with intent to use in a burglary_. Here’s the only relevant statute I found in [Arizona](http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/01505.htm&Title=13&DocType=ARS) and [Illinois](http://law.onecle.com/illinois/720ilcs5/19-2.html), the first two state criminal codes I found by Googling. Here are links to [more state criminal codes](http://www.lawresearchservices.com/firms/practice/ctcrime.htm). [/QUOTE] In at least some states, Virginia I know is one, mere possession implies an intent to use. ---
**Author:** ![Schnitte](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/schnitte/32/9033_2.png) [@Schnitte](https://boards.straightdope.com/u/Schnitte)\ **Post date:** [October 31, 2006, 7:13pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/17 "2006-10-31T19:13:31Z")
I possess a set of picks (although I can second **Max Torque** ’s statement: It’s very hard to learn, and I gave it up. Regularly I decide to give it another try, and regularly I fail again), and this is not by itself illegal in my jurisdiction. You may want to take a look what [Wiki](http://en.wikipedia.org/wiki/Lock_picking#Legal_status) has to say on that. ---
**Author:** ![flight](https://avatars.discourse-cdn.com/v4/letter/f/bbce88/32.png) [@flight](https://boards.straightdope.com/u/flight)\ **Post date:** [October 31, 2006, 7:20pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/18 "2006-10-31T19:20:28Z")
Here we go: [ > [@Virginia Statutory Law](#): > > § 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. 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. > > (Code 1950, § 18.1-87; 1960, c. 358; 1970, c. 587; 1975, cc. 14, 15.) ]([http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-94+501613](http://leg1.state.va.us/cgi-bin/legp504.exe?000+coh+18.2-94+501613)) All you have to do is posses it. ---
**Author:** ![AskNott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asknott/32/5790_2.png) [@AskNott](https://boards.straightdope.com/u/AskNott)\ **Post date:** [October 31, 2006, 7:32pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/19 "2006-10-31T19:32:53Z")
I own a packet sniffer, but she’s been licensed by the city, and she’s had her shots. We just returned from sniffing the neighborhood. 😛 I’m pretty sure it’s okay with the popo; she was on a leash. ---
**Author:** ![Schnitte](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/schnitte/32/9033_2.png) [@Schnitte](https://boards.straightdope.com/u/Schnitte)\ **Post date:** [October 31, 2006, 7:41pm UTC](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536/20 "2006-10-31T19:41:03Z")
Well, that statute states that possession of these tools is a felony only if you have intent to commit one of the said crimes, for which the possession of the tools is prima facie evidence unless you’re a licensed dealer. This is a assumption which can be refuted (which, of course, is not very easy because you have the burden of proof, but the mere possession alone is not sufficient for committing the felony). [Next page](https://boards.straightdope.com/t/is-picking-locks-illegal-in-most-places/378536.md?page=2)