Lock Pick Legality (for sale, real estate, felony) - North Carolina (NC) - City-Data Forum

GrimMisfit · 09-10-2010, 12:37 AM

Does anyone know the legality of purchasing and owning lock picks in North Carolina? I'm not a locksmith, nor do I really plan on becoming one. I'm just a hobbyist that's interested in locks and picking them.

I've heard a bunch of different things on the matter but I'm still not sure.

zthatzmanz28 · 09-10-2010, 04:22 AM

Just wondering if "advertising" on a national forum is the best place to tell folks one wants a lock pick set?

If there is no intent to violate the law, why announce you are curious about possession? Don't share everything and if it is used privately, no one knows. By the way, I have NO idea if the pick set is legal or not. Ask a lawyer just incase you need one?

GrimMisfit · 09-10-2010, 05:06 AM

I felt that if I simply asked about the legality of such a thing, someone might automatically suspect me of wanting to commit a crime. Many honest people are interested in the way locks work and don't work. And saying that I have no intention of becoming a locksmith is a little too far, I suppose. The career interests me and if I can pick up the skill well enough, who knows. I'm just not too sure how well I will pick it up.

And yes, I know no one would know if I used it privately, but, again, I'd still be violating the law (if it actually is illegal to own a set) and that's not really ok with me. I'm moderately sure just owning one at this point is legal, but I am not so sure about actually purchasing them. I'm looking to buy picks from a website and I don't want to until I am 100% sure it's legal.

sll3454 · 09-10-2010, 08:01 AM

I found this:

§ 14-55. Preparation to commit burglary or other housebreakings.
If any person shall be found armed with any dangerous or offensive weapon, with the intent
to break or enter a dwelling, or other building whatsoever, and to commit any felony or larceny
therein; or shall be found having in his possession, without lawful excuse, any picklock, key,
bit, or other implement of housebreaking; or shall be found in any such building, with intent to
commit any felony or larceny therein, such person shall be punished as a Class I felon. (Code,
s. 997; Rev., s. 3334; 1907, c. 822; C.S., s. 4236; 1969, c. 543, s. 4; 1979, c. 760, s. 5; 1979,
2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1152; 1994, Ex. Sess.,
c. 24, s. 14(c).)

and this:
North Carolina General Assembly - NC General Statutes: All Chapters Search Results

jmellc · 09-10-2010, 08:23 AM

Check out NC General Statutes, Chapter 74F, the Locksmith Licensing Act. It allows only licensed locksmiths or their apprentices to engage or offer to engage in locksmithing. Tools are defined as tools designed to operate a lock in other than a normal manner. See details at Stats about all US cities - real estate, relocation info, house prices, home value estimator, recent sales, cost of living, crime, race, income, photos, education, maps, weather, houses, schools, neighborhoods, and more. Tools are not mentioned as being restricted.

The law exempts a person doing his own work or work for an employer, family, etc. Also if his work includes locks as part of his products, such as a gun cabinet merchant, etc. I managed a video arcade in the past. We did a lot of our own lock work; changing to our standard lock when a game was received, changing back if we got rid of it, etc. I drilled locks occasionally if they malfunctioned.

I did not find it, but NC does have statutes about burglary tools. I have never seen it applied on its own, but added to other charges such as breaking & entering, theft, trespassing, etc. I saw another website indicating that the definition of burglary tools can vary widely. If I'm suspected of burglary, everyday tools such as wire cutters, hammers, chisels, etc. could be covered. I'm a tradesman & have all kinds these & more.

Check it out further, but you should be OK as you are a hobbyist, doing this for your own interests, not offering services to the public, etc. Google up locksmithing, lock picking, etc. You will find lots of web articles. Some suppliers may not sell to you though, if you are not licensed.

P. S. I don't know why the site overlays info now. I refrerenced NC General Statutes, & system overlaid irrevelant junk.

jmellc · 09-10-2010, 08:37 AM

Quote:

Originally Posted by sll3454

I found this:

§ 14-55. Preparation to commit burglary or other housebreakings.
If any person shall be found armed with any dangerous or offensive weapon, with the intent
to break or enter a dwelling, or other building whatsoever, and to commit any felony or larceny
therein; or shall be found having in his possession, without lawful excuse, any picklock, key,
bit, or other implement of housebreaking; or shall be found in any such building, with intent to
commit any felony or larceny therein, such person shall be punished as a Class I felon. (Code,
s. 997; Rev., s. 3334; 1907, c. 822; C.S., s. 4236; 1969, c. 543, s. 4; 1979, c. 760, s. 5; 1979,
2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1993, c. 539, s. 1152; 1994, Ex. Sess.,
c. 24, s. 14(c).)

and this:
North Carolina General Assembly - NC General Statutes: All Chapters Search Results

I was looking things up while this was posted. I didn't see it first time. Wise to check further. Chances are, you wouldn't be hassled but it pays to be sure. Write to the NC Attorney General & ask about your circumstance. Lawful excuse may cover hobby work, especially if you have no criminal history. If a person had a record of burglary offenses, he'd be wise not to do locks as a hobby. Having the tools only in your home or business would further show you had no ill intent.

GrimMisfit · 09-10-2010, 09:41 AM

Thanks for your help, both of you.

I definitely have no criminal record and I'd never take the picks out of my home, so that's no problem.

I'll definitely look into writing the attorney general about it. Thank you for that tip. Every place I've looked at goes on about how you need to talk to local authorities about the laws regarding picks (or anything else that may or may not be legal, for that matter) and I never really knew who exactly I was supposed to ask. So thanks again for that.

In the end, I'll probably not even bother with the whole thing, as I'm paranoid and would rather not risk a chance at jail time for a simple hobby.

zthatzmanz28 · 09-10-2010, 10:39 AM

I have seen them for sale on Craigslsit and ebay with no small print attached or restricted conditions.

faabala · 09-10-2010, 12:13 PM

I have car opening tools. I was an USAF cop and that was service we offered on base. I was actually quite good at it. I am retired now but keep a set around to help folks out. I only do it for free so it is legal in NC. You can buy the tools at auto parts stores and flea markets here.

blubricks · 06-19-2015, 07:55 PM

Yes, reviving an old thread since it came up eighth in my google search of "buy lockpick sets "best place"", and I was looking for forum help.

For future reference, for whoeve else reads this....The keyword is "intent", it's simple-ish. A) Do you have stolen items in your possession? Do you look like a crackhead needing a fix? or B) Do you have a bag of different types of locks at home? Do you have a registration to lockpicking forums with several unincriminating posts, demonstrating it's a hobby? A-you're going to jail, for worse than owning lockpicks. B) The cop takes your lockpicks, you're out $30, and everyone including the cop calls you a douche.

C) Just buy yourself some picks and don't break into anything that's not yours, and don't do crack!