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Comment by gtirloni | Hacker News Reader

> and possession of burglary tools

Is that a crime? Like picks and stuff?

Each state is different: https://toool.us/laws.html

Kevin mitnick's business card has a popout lockpick in it. He came to give us a talk, and gave out cards afterward. Later, I learned we all committed crime that day.

Depends on the state. I believe in some states it's legal so long as you're not actively engaged in a crime, but becomes illegal if you get caught with them in a criminal act, even if they weren't directly related to the criminal act?

Edit: People REALLY like answering this question, apparently. :D

LOL yea I noticed that too and took a screen shot of all of us with "0 minutes ago"

I do locksport and breaching for fun (in a safe, legal manner) and I live here in NY.

Certain tools only have a purpose for forced entry, like the shove it tool and halligan bar. If you are caught with such tools and are not a first responder, you will be treated as a burglar and in all likelihood successfully prosecuted.

It seems odd. A halligan bar is basically a hybrid between a large crow bar and a pick axe. Seems strange for a sort of multi-tool to be illegal when its individual components are just fine (and equally up to the breaking -> entering job)

Yeah I can't find anything at all about possession of such a tool being illegal by itself. In Oregon, our law is very specific that possessing burglary tools is only illegal when you intend to use them to commit burglary, or know that someone else intends to use them for it.

It's a crime if you're found in possession with intent to commit a crime: https://aizmanlaw.com/possession-of-burglary-tools/

Depending on the state, owning lock picking equipment without a licence is also illegal.

Oh yeah the law has all sorts of things to increase charges.

In some jurisdictions having a crowbar while “committing a crime” turns the crowbar into a burglary tool. Better yet: having a burglary tool can count as evidence you were committing a crime (see an interesting bit of logic there?)

Or CA using possession of condoms as evidence women were sex workers. Immediately resulting in a reduction in use of protection (remember the anti-prostitution laws are all in the interests of “public safety”). Literally the interpretation of reality chosen was one where if a woman in a specific location had a condom they were automatically a sex worker, carrying evidence of sex work.

That varies by state and circumstance.

In some states it's legal to own them, but if you are caught using them or being somewhere you shouldn't be while carrying them it can be tacked onto your charges.

Other states it's totally illegal to own or carry them.

In some states I feel like they just thought “well we can’t just keep letting these guys off when we catch them before actually picking the lock” so they made the lock picks illegal.

Anything used to commit burglary is a burglary tool. A hammer, screwdriver, picks, etc.

In most states, unless you are a locksmith, yes it is a crime.

In most states, no, it is not a crime unless intent to burglarize can also be demonstrated. Simply having them or using them where you have permission is fine.

>In most states, unless you are a locksmith, yes it is a crime.

This is not true. Only nine of forty one states make lockpicks illegal. https://tihk.co/blogs/news/116232133-lock-pick-legality

They're not illegal in any state. They become illegal when used in a crime, but then so does a crowbar.

A few states consider them evidence of criminal intent, so you'd have to provide evidence to the contrary.

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