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M$3 December 23, 2008 06:53 AM

Are lockpicks legal to own in the state of Florida?

I've dabbled in lockpicking as a hobby before, but have only dealt with makeshift tools that were cumbersome and difficult to use, so I would like to actually get a decent set of tools. And some locks to mess around with.
Problem: lockpicks and similar tools are illegal in many places, but not all. So, I'd want to know if they are indeed legal to possess (obviously, using them on someone else's property usually isn't, but I intend only to mess with my own locks) in Florida (if there's any chance the legality might change at a county level, I live in Polk County.

And please, not just a yes or no answer. I need to be certain.
Thanks.
Interesting Question?  Yes (0)   No (0)   
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Best Answer  Chosen by Asker

 
December 23, 2008 07:11 AM
IINAL

http://www.flsenate.gov/statutes/index.cfm?mode=View%20Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=810.06&URL=CH0810/Sec06.HTM


Chapter 810 BURGLARY AND TRESPASS

810.06 Possession of burglary tools.--Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


so, it's a 3rd degree felony (1st is the "worst" 3rd is the "mildest" punishable by no more than 5 years in prison and or a $5,000.00 fine.)

the elements are:

1) "has in ... possession any tool, machine, or implement"
with
2) intent to use ... or allow ... to be used, to commit any burglary or trespass

So the first part is "easy" they "catch" you with the tools. Lucky for you, the second element is a little harder to prove.

BUT, you can spend a while waiting for a jury to decide if you had intent.
Source(s):
http://www.flsenate.gov/statutes/index.cfm

Asker's Rating:
• Would have preferred a somewhat more thorough answer, but this gave me the information I needed.


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December 23, 2008 07:14 AM
almost forgot. look here:
http://www.kevinmitnick.com/

his business card *is* a lockpick.

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December 23, 2008 07:18 AM
Well, I do not intend to use them in the commission of any crime, just on my own stuff. I need to make sure that's legal.

The language in the law seems to imply it would be just peachy, but I would appreciate a bit more certainty.

Thank you, though. This answer is the best so far, but I think I'll give it at least 12 hours before I come back and decide the best.

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December 23, 2008 07:33 AM
Looks like you're fine so long as you're not breaking in somewhere. And it might be a good idea to not walk around with them.

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December 23, 2008 07:14 AM
I hope ur hobbu is in ur profession!! Coz then its valid!! Obiviously!!
But talking abt getting insane read this!!
"The 2006 Florida Statutes - Section 810.06 - Possession of burglary tools.
Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084."
This is all i know! :-)

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