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 of this hobby involve possession of lockpicking tools.

In most jurisdictions, lockpicking and safecracking are only illegal under the following circumstances:

• Done 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 state 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 (local and federal) 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 law is "prima facie." 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.

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