Legal issues

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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
  • Locksmith (certification required, usually)
  • Manufacturer of tools


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 thorough documentation requirements.

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)
California Legal; must show intent Legal, but must record sales information. Various gotchas with motor vehicle tools, see 1. Certification required 1, 2

Legality around the world, by country

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