funsec mailing list archives

Re: OK, all you EU guys who took the CEH just wasted your money


From: Valdis.Kletnieks () vt edu
Date: Fri, 30 Mar 2012 22:46:59 -0400

On Fri, 30 Mar 2012 18:05:44 -0700, Vic Vandal said:
It's not illegal to possess a tire iron (as mentioned in the email below), but
that makes a decent segue to a similar point.  It is a crime in the state where
I live to have lockpicking tools in your possession - if you're illegally
breaking and entering with them.  But if you're a locksmith and you're not
illegally breaking and entering, you can carry those tools every day and never
be worried about being found guilty of a crime.

The important grey area is if you're not a locksmith, merely a hobbyist,
and have lockpicks on you.  Where I live, the law says:

Code of Virginia - Section 18.2-94 - Possession of burglarious tools, etc.If
any person have in his possession any tools, implements or outfit, with intent
to commit burglary, robbery or larceny, upon conviction thereof he shall be
guilty of a Class 5 felony. The possession of such burglarious tools,
implements or outfit by any person other than a licensed dealer, shall be prima
facie evidence of an intent to commit burglary, robbery or larceny.

As far as I can tell, Mississippi and Nevada are the other states where
mere possession is evidence of intent.  In the other 47 states,  the DA
has to do some actual work to prove "intent".

http://www.lockpickguide.com/legalityoflockpicks.html

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