The mere possession of burglary tools is not considered to be a crime in the State of California. The individual possessing the tools must also have criminal intent.
In other words, the individual must have the criminal intent to commit a burglary with the tools or instruments. In general, an individual simply possessing lockpicks themselves would not be considered illegal.
The legality of possessing burglary tools comes into play when the tools are being used for criminal purposes. For example, if an individual plans to use their lockpicks to open a lock and get paid to do so, they are required to have a locksmithing license.
Typically, a locksmithing license in California is affordable and relatively simple to qualify for. If an individual is a skilled lock-picker, they may consider getting a license to cover themselves from liability exposure for possession of burglary tools.
It is also illegal to carry a bolt cutter in California with the criminal intent of breaking and entering into a structure.
Is It Illegal to Own a Lock Pick Set?
The California Model Penal Code 466 (PC) is the statute that criminalizes the possession of burglary tools for an individual who commits it with a criminal intent. In the State of California, in order to convict a defendant of committing a crime under the 466 PC, the prosecution must show that the accused possessed a burglary tool and possessed it with the intent to commit burglary in accordance with the California burglary statute 459 (PC).
California Model Penal Code 466 lists more than 15 types of objects that can be considered burglary tools, such as:
- A picklock;
- Crow;
- Keybit;
- Crowbar;
- Screwdriver;
- Vise grip pliers;
- Water-pump pliers;
- Slide hammer;
- Slim jim;
- Tension bar;
- Lock pick gun;
- Tubular lock pick;
- Bump key;
- Floor-safe door puller;
- Master key; and
- Ceramic or porcelain spark plug pieces or chips.
Although these may be common tools that many individuals possess, it is not permissible to possess them with the intent of breaking into a:
- Building;
- Railroad car;
- Aircraft;
- Vessel;
- Trailer coach;
- Vehicle.
In addition, it is illegal to attempt to alter a key or tool in order to break into any:
- Structure;
- Vehicle;
- Railroad car;
- Vessel.
Examples of burglary tools may include possessing a pick lock in the pocket of an individual who intends to break into a home. Another example is driving an automobile with burglary tools inside of it with the intent to burglarize a home or commit a car burglary.
In general, the law requires that an individual possess a listed burglary tool and have the criminal intent to commit a burglary. For example, if there has been a rise in burglaries in a neighborhood, law enforcement may stop a suspicious individual driving a truck and request permission to search the vehicle.
The driver may consent, and law enforcement may discover a toolbox with items listed in the burglary tools statute. In that case, the driver would not be criminally liable for possession of burglary tools. Although the driver is in possession of burglary tools, they lack the criminal intent to connect them to the burglaries.
Simple possession of burglary tools listed in the statute discussed above is not punishable under California law. In order to fully understand the penalties and sentences for burglary, an individual should consult with a local California attorney who can explain the laws and how they might apply to a particular case.
Does the Prosecutor Have to Prove Anything to Convict Me of Burglary Tools Possession?
If an individual is charged with possession of burglary tools, the prosecution has to show that the defendant was in physical possession of the tools. The prosecution must also show that the defendant had the criminal intent to use the burglary tools in an unlawful manner.
This is a challenging aspect for the prosecution to prove. There is no clear-cut way to prove what is in the mind of a defendant at the time of their arrest.
The majority of these types of cases are based on circumstantial evidence. Typically, in order for an individual to be convicted of possession of burglary tools, the prosecution must prove all of the following elements beyond a reasonable doubt:
- The defendant was in physical possession of the type of tools listed and prohibited in California Penal Code Section 466 PC;
- The defendant intended for the tools to be used in the commission of a crime.
As noted above, criminal intent is the key factor. Possession of any of the tools described above is not typically a crime in and of itself.
It has to be proven beyond a reasonable doubt that an individual had the intent to use those tools in an illegal manner. It is also important to note that although the legal description provides a list of items that qualify as burglary tools, it also lists other instruments.
This means that, in addition to those items listed, other items may also qualify under the statute if they were used in an unlawful way to break into a building or vehicle or to be used once inside.
Is Possessing Burglary Tools a Misdemeanor?
Yes, possession of burglary tools is classified as a misdemeanor level offense in California. Defendants who are convicted may face a jail sentence of up to six months.
In addition, there are costly court fines, and a court may impose conditions of probation that include community service or labor, restitution for any damaged property, and counseling.
The conviction will also appear on an individual’s criminal record and would be accessible for future employers, landlords, or anyone else to view if they are conducting a criminal background check.
Can I Be Charged with Another Crime Besides Burglary Tool Possession?
Offenses that an individual may be charged with related to possession of burglary tools include:
- California Penal Code Section 466.1: Selling Lock Picks or Tension Bars;
- California Penal Code Section 466.3: Possessing Tools to Tamper with Coin-Operated Machines;
- California Penal Code Section 466.5: Possessing Motor Vehicle Master Keys;
- California Penal Code Section 466.6: Making Car Keys Capable of Operating Car Ignition;
- California Penal Code Section 466.65: Possessing Tools to Bypass Motorcycle Ignition; and
- California Penal Code Section 466.8: Unlawfully Manufacturing Residential or Commercial Keys.
Should I Contact a Lawyer to Help Me with This Case?
If you have been charged with possession of burglary tools in California, it is essential to consult with a California burglary lawyer. Your lawyer can determine if any defenses apply in your case, such as the statute of limitations, insufficient evidence, or a violation of your rights.
In many cases, appearances may be deceiving, and your lawyer can help show that you did not have criminal intent to use the burglary tools in an illegal manner. Your attorney can also help you if you are facing any of the related offenses listed above.
Your lawyer may also be able to negotiate with the prosecution to have your charges reduced or even dropped if there is not enough evidence against you. If that is not possible, your lawyer can help try and negotiate a plea deal on your behalf, which can reduce the penalties you will have to face.
