Legal issues: Difference between revisions
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=Legal Issues= | =Legal Issues= | ||
Lockpicking and safecracking are almost always legal hobbies when you own the lock or safe you are attempting to open. Most legal complications involve possession of tools. | [[Lockpicking]] and [[Safecracking|safecracking]] are almost always legal hobbies when you own the [[lock]] or [[safe]] you are attempting to open. Most legal complications involve possession of tools. | ||
In most jurisdictions, lockpicking and safecracking are only illegal under the following circumstances: | In most jurisdictions, lockpicking and safecracking are only illegal under the following circumstances: | ||
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Regardless of what this page says, always verify your local and federal laws prior to purchasing, making, or selling any lockpicking and safecracking tools. | Regardless of what this page says, always verify your local and federal laws prior to purchasing, making, or selling any lockpicking and safecracking tools. | ||
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==Permission== | ==Permission== | ||
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Most governments require that the intent to commit a crime be present before possession of lockpicking tools is illegal. For example, crowbars and hammers can be used as burglary tools, but until intent is shown or a crime is committed they cannot be considered burglary tools. The same goes for lockpicking tools. | Most governments require that the intent to commit a crime be present before possession of lockpicking tools is illegal. For example, crowbars and hammers can be used as burglary tools, but until intent is shown or a crime is committed they cannot be considered burglary tools. The same goes for lockpicking tools. | ||
One important | One important consideration is whether your state, local, or national laws consider possession to be ''prima facie'' intent to commit a crime. This establishes that possession of tools is illegal because it is "self evident" that tools will be used for malicious intent. In these jurisdictions it is usually required that you be in one of the following categories to legally possess tools: | ||
* Government/Law Enforcement | * Government/Law Enforcement | ||
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The legality of manufacturing, sale, and advertising of tools varies greatly between jurisdictions. In most cases sale is legal, but with various restrictions. Most laws require that sales or transfers of tools be recorded, sometimes with very strict documentation requirements. Jurisdictions that have prima facie laws in effect may require that sale be restricted to specific professions. | The legality of manufacturing, sale, and advertising of tools varies greatly between jurisdictions. In most cases sale is legal, but with various restrictions. Most laws require that sales or transfers of tools be recorded, sometimes with very strict documentation requirements. Jurisdictions that have prima facie laws in effect may require that sale be restricted to specific professions. | ||
==Transfer of Tools== | |||
In the United States, [https://www.law.cornell.edu/uscode/text/39/3002a U.S.C 39.3002a] states that locksmithing tools are nonmailable and should be disposed of by the Postal Service (USPS). Exceptions to the rule include: | |||
* A lock manufacturer or distributor | |||
* A "bona fide" locksmith | |||
* A "bona fide" repossesor | |||
* A motor vehicle manufacturer or dealer | |||
Being "bona fide" is not clearly defined, and the hobbyist is a grey area. In reality, most packages are allowed to continue through the postal system. | |||
Another relevant law in the United States is [http://www.law.cornell.edu/uscode/text/18/1716A U.S.C. 18.1716A(b)] which prohibits sending lockpicks through other private delivery services such as UPS or Fedex unless you meet one of the exempted categories in USC Ch.39 Sec.3002A. This effectively prohibits any inter-state delivery of lockpicks using either the USPS or private courier unless you are exempted. In practice, online retailers and hobbyist organizations regularly sell and ship picks and other accoutrements without incident. | |||
==Other Concerns== | ==Other Concerns== | ||
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=Legality in the US, by state= | =Legality in the US, by state= | ||
{{Template | {{Template:Legal Issues:USChart}} | ||
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=Legality around the world, by country= | =Legality around the world, by country= | ||
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== References == | |||
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== See also == | |||
* [[Lockpicking]] | |||
* [[Safecracking]] | |||
[[Category:Lockwiki]] | |||
Latest revision as of 21:34, 6 December 2022
Legal Issues
Lockpicking and safecracking are almost always legal hobbies when you own the lock or safe you are attempting to open. Most legal complications involve possession of tools.
In most jurisdictions, lockpicking and safecracking are only illegal under the following circumstances:
- Possession with intent to commit a crime
- Done without the permission of the lock/safe owner
- Prima facie (see below)
Regardless of what this page says, always verify your local and federal laws prior to purchasing, making, or selling any lockpicking and safecracking tools.
Permission
Lockpicking is generally allowed when permission is granted to the lockpicker by the owner of the lock. In this sense, picking locks that you own is legal. This is similar to the digital laws that allow you to legally hack your own computer.
Possession of Tools
Most governments require that the intent to commit a crime be present before possession of lockpicking tools is illegal. For example, crowbars and hammers can be used as burglary tools, but until intent is shown or a crime is committed they cannot be considered burglary tools. The same goes for lockpicking tools.
One important consideration is whether your state, local, or national laws consider possession to be prima facie intent to commit a crime. This establishes that possession of tools is illegal because it is "self evident" that tools will be used for malicious intent. In these jurisdictions it is usually required that you be in one of the following categories to legally possess tools:
- Government/Law Enforcement
- Lock manufacturer/distributor
- Locksmith (certification required, usually)
- Automobile dealer
- Repossessor
Sale of Tools
The legality of manufacturing, sale, and advertising of tools varies greatly between jurisdictions. In most cases sale is legal, but with various restrictions. Most laws require that sales or transfers of tools be recorded, sometimes with very strict documentation requirements. Jurisdictions that have prima facie laws in effect may require that sale be restricted to specific professions.
Transfer of Tools
In the United States, U.S.C 39.3002a states that locksmithing tools are nonmailable and should be disposed of by the Postal Service (USPS). Exceptions to the rule include:
- A lock manufacturer or distributor
- A "bona fide" locksmith
- A "bona fide" repossesor
- A motor vehicle manufacturer or dealer
Being "bona fide" is not clearly defined, and the hobbyist is a grey area. In reality, most packages are allowed to continue through the postal system.
Another relevant law in the United States is U.S.C. 18.1716A(b) which prohibits sending lockpicks through other private delivery services such as UPS or Fedex unless you meet one of the exempted categories in USC Ch.39 Sec.3002A. This effectively prohibits any inter-state delivery of lockpicks using either the USPS or private courier unless you are exempted. In practice, online retailers and hobbyist organizations regularly sell and ship picks and other accoutrements without incident.
Other Concerns
The method of opening may constitute additional legal concerns. This is especially true if explosives, firearms, or hazardous materials (high temperatures, toxic gases, acids) are used. Remember to check all applicable local and federal laws for any additional circumstances. Furthermore, always consider any insurance contracts that may affect the use of manipulation or bypass on any locking component.
Legality in the US, by state
| State | Possession | Sale/Transfer | Locksmiths | Reference(s) |
| Alabama | Legal; must show intent | Certification required | 1, 2 | |
| Alaska | Legal; must show intent | 1 | ||
| Arizona | Legal; must show intent | 1, 2 | ||
| Arkansas | Unknown, no specific laws | |||
| California | Legal; must show intent | Legal, but must record sales information. Various gotchas with motor vehicle tools, see 1. | Certification required | 1, 2 |
| Colorado | Legal; must show intent | 1 | ||
| Connecticut | Legal; must show intent | Certification required | 1, 2 | |
| Delaware | Legal; must show intent | 1 | ||
| Florida | Legal; must show intent | 1 | ||
| Georgia | Legal; must show intent | 1 | ||
| Hawaii | Legal; must show intent | 1, 2 | ||
| Idaho | Legal; must show intent | 1 | ||
| Illinois | Legal; must show intent, bump keys require Certification | Only to Certified Individuals | Certification required | 1, 2 3 4 |
| Indiana | Unknown, no specific laws | |||
| Iowa | Legal; must show intent | 1 | ||
| Kansas | Unknown, no specific laws | 1, 2 | ||
| Kentucky | Legal; must show intent | 1 | ||
| Louisiana | Legal; must show intent | Certification required | 1, 2 | |
| Maine | Legal; must show intent | 1, 2 | ||
| Maryland | Legal; must show intent | 1 | ||
| Massachusetts | Legal; must show intent | 1 | ||
| Michigan | Legal; must show intent | 1, 2 | ||
| Minnesota | Legal; must show intent | 1, 2 | ||
| Mississippi | Illegal; considered prima facie | 1, 2 | ||
| Missouri | Legal; must show intent | 1 | ||
| Montana | Legal; must show intent (stated as "purpose to commit an offense") | 1 | ||
| Nebraska | Legal; must show intent | Certification required | 1, 2, 3 | |
| Nevada | Illegal; considered prima facie | Certification required | 1, 2 | |
| New Hampshire | Legal; must show intent | 1 | ||
| New Jersey | Legal; must show intent (stated as "purpose so to use or employ") | Certification required | 1, 2 | |
| New Mexico | Legal; must show intent | 1 | ||
| New York | Legal; must show intent | Certification required (NYC only) | 1, 2 | |
| North Carolina | Legal; must show intent | Certification required | 1, 2, 3, 4 | |
| North Dakota | Unknown; no specific laws | |||
| Ohio | Illegal; considered prima facie | 1, 2 | ||
| Oklahoma | Legal; must show intent | Certification required | 1, 2 | |
| Oregon | Legal; must show intent | Certification required | 1, 2 | |
| Pennsylvania | Unknown; no specific laws | |||
| Rhode Island | Legal; must show intent | Legal; unless automotive tools, see 2 | 1, 2 | |
| South Carolina | Legal; must show intent | 1 | ||
| South Dakota | Legal; must show intent | 1 | ||
| Tennessee | Legal; must show intent | Certification required | 1, 2 | |
| Texas | Legal; must show intent | Certification required | 1, 2 | |
| Utah | Legal; must show intent | 1, 2 | ||
| Vermont | Legal; must show intent | 1 | ||
| Virginia | Illegal; considered prima facie | Certification required | 1, 2, 3 | |
| Washington | Legal; must show intent | 1, 2 | ||
| Washington D.C. | Legal; must show intent | 1 | ||
| West Virginia | Unknown, no specific laws | |||
| Wisconsin | Legal; must show intent | 1, 2 | ||
| Wyoming | Legal; must show intent | 1, 2 |
Legality around the world, by country
| Country | Possession | Sale/Transfer | Locksmiths | Reference(s) |
| Australia (Queensland) | Legal; must show intent | 1 | ||
| Finland | Legal; must show intent | Legal; no restrictions | 1, 2 | |
| France | Legal; must show intent | Unknown | Certification required | 1, 2, 3, 4, 5 |
| Japan | Illegal; must be certified | Illegal; must be certified | Certification required | 1 |
| The Netherlands | Legal; no restrictions | Legal; no restrictions | 1 2 | |
| Poland | Illegal; must be certified | Illegal; must be certified | Certification required | 1 |
| Sweden | Legal | Illegal; must be certified | Certificated required | 1 |
References
