You can pick your nose, and you can pick your locks, but you can't possess lock picks in DC

December 10, 2007 7:26 AM

Possession of lock picking tools in Washington, D.C. - for recreational purposes. Honest!

I'd like to pick locks recreationally (because it's fascinating), but I'm going to Washington, D.C. where apparently even possession is considered an OMG FELONY!!1 - is there some double-secret organization I can join or a method of becoming licensed by the Locksmiths Association of America as an amateur or something? What can I show to a police officer (assuming I'm in the extremely unlikely situation of being searched) that will make him disregard my tools? Something that says: "It's okay, I'm in training!"

Or should I give up my dream? :-(

posted by ostranenie to Law & Government (10 answers total)

Aer you moving to DC or just visiting?
posted by LobsterMitten at 7:29 AM on December 10, 2007

Are you talking about the below part of the DC Code? Because it requires intent to commit a crime. Simply carrying lockpicks is not enough by itself, unless there's some other law out there.

§ 22-2501. Possession of implements of crime; penalty [Formerly § 22-3601].
No person shall have in his or her possession in the District any instrument, tool, or implement for picking locks or pockets, with the intent to use such instrument, tool, or implement to commit a crime. Whoever violates this section shall be imprisoned for not more than 180 days and may be fined not more than $1,000, unless the violation occurs after he or she has been convicted in the District of a violation of this section or of a felony, either in the District or another jurisdiction, in which case he or she shall be imprisoned for not less than one year nor more than 5 years.

posted by exogenous at 7:34 AM on December 10, 2007

Response by poster: According to this link from Wikipedia, it's a felony to carry lock picking equipment in DC (but of course the link doesn't cite the penal code in DC--that would be too easy).

Does anybody know for sure if it's a crime to carry these "implements" without being an Official Licensed Locksmith(tm)? Legal experts? Has anyone ever been nailed for it?
posted by ostranenie at 7:51 AM on December 10, 2007

The law I cited is pretty clear, is authoritative, and as far I can tell is up-to-date. The web page you cite gets its information from the 1991 version of the MIT Guide, and it may be unchanged from the 1987 version. Even assuming the information was originally correct, it would have been wise for DC to change the law to reflect I was posted above.

Now intent is a nebulous thing and cops sometimes arrest people who are innocent. If you choose to carry lockpicks in DC, you can figure for yourself how to reduce any perception that you are intent on committing a crime.
posted by exogenous at 10:30 AM on December 10, 2007

I assume you've figured out where to buy lockpicks (I like SouthOrd). Most statutes which prohibit the possession of lockpicks or other "theives tools" require a criminal intent, but there are a few that don't. My advice would be to buy your picks and never take them out of your home.

Also, it's a misdemeanor, not a felony.

Some searching found the same code provision already cited, and no other law that doesn't require intent.
posted by craven_morhead at 10:47 AM on December 10, 2007

By the way, the District of Columbia doesn't have any licensure related to locksmithing. The related professional organization appears to be the Associated Locksmiths of America. I don't know what kind of dues you have to pay to join, but it seems like a relatively simple procedure; however, it appears that you have to provide "suitable proof of your current professional activity in the field of premises security." You could call them at 1-800-532-2562 to find out what kind of other ways you could get in, I guess.
posted by koeselitz at 10:55 AM on December 10, 2007

koeselitz: By the way, the District of Columbia doesn't have any licensure related to locksmithing.

Sorry. Plain english: you don't have to have a license to be a locksmith in DC.
posted by koeselitz at 10:57 AM on December 10, 2007

So, if you got caught on the street with lockpicking implements, you'd be in the same boat as any locksmith, legally.
posted by koeselitz at 10:58 AM on December 10, 2007

I bought my first set of lock picks online from these guys - ugly site, great customer service.

The law in Virginia is somewhat similar. Your best bet when you own a set is to keep them at home, just in case - you don't want to be caught at the wrong place at the wrong time with your kit. Never mind that criminals would sooner smash and grab than go through the trouble of picking a lock to get inside. If I carry picks with me, I only carry one or two of the tools with me rather than the whole set; most people end up thinking they're strange looking tools for manicures.

I have only been stopped once by an officer and he saw I had picks. I explained that it was a hobby, basically puzzle solving, and he understood.
posted by sephira at 11:22 AM on December 10, 2007

You might want to check out Locksport International, a group that's into picking locks for fun. Or look around in your area for a local lockpicking club (which they can help you with). I'm sure with a club membership card that explains that this is your hobby (and as long as you're not caught in the act) you should be ok.
posted by Kioki-Silver at 7:32 PM on December 10, 2007