The Legalities of Locksmith Tools
The U.S. is a patchwork of different states that have their own set of unique laws, including those related to locksmith tools.
Locksmith tools are the instruments professionals use to open a lock when no key is available. However, since the locksmiths use these tools to gain access without needing a key, they are also potential tools to commit crimes. This reality can make the legality of owning them confusing.
Please keep reading to learn about the specific legalities of owning locksmith tools.
Must-show-intent states
The U.S. is a patchwork of different states that have their own set of unique laws, including those related to locksmith tools. That being said, in most states, owning locksmith tools is completely legal by statute. Of course, that’s only the case if the tool has not been used to commit a crime.
However, if the tools are not used in illegal activities, then owning them is not a problem. Due to the nature of the tools and their capabilities, sometimes even law enforcement may be unsure of the exact legalities of possessing locksmith tools.
If a person is arrested for owning these instruments in one of these states, the onus is on the prosecution to prove that it was intended for illegal use.
States with no laws in place
There are a handful of U.S. states in which there are no laws in place regarding locksmith tools. In these states, locksmith tools are legal by default due to the lack of any statute regarding these instruments.
In these states, the same rules apply as the must-show-intent states. The ownership of locksmith tools is legal unless used in criminal acts, and the responsibility falls on the prosecution to prove intent.
Prove non-criminal intent states
There are three U.S. states in which possessing locksmith tools is illegal. These states are Nevada, Ohio, and Virginia. If a person possesses lock-picking instruments in these states, it falls on the individual to prove their innocence.
In terms of what constitutes a legitimate reason for holding locksmith tools in these states, the person would have to prove they’re a locksmith or lock-picking hobbyist. If you’re not a genuine locksmith or hobbyist, the safest action is not to own or carry locksmith tools in these states.
Grey area states
Four other U.S. states in which owning locksmith tools falls into a legal grey area:
Illinois: A person can own a lock pick legally, but owning a bump key is illegal.
Kansas: Locksmith tools are legal, but if a person is arrested while possessing one, they will be fingerprinted.
Mississippi: Owning locksmith tools is legal unless they’re being carried and concealed, which then becomes illegal.
Tennessee: While owning locksmith tools is technically legal, using them for any purpose other than licensed locksmith work is illegal.
It’s best to play it safe in these states and either not own locksmith tools unless you’re an actual locksmith or leave them at home when you leave the house.
National Lock & Key is a licensed, insured, full-service commercial and residential locksmith serving Northern Virginia, Maryland, and Washington D.C. Contact us at (571) 449-6495.
