Lock Pick Laws by State: Complete 2026 US Guide

Is Lock Picking Illegal? The Short Answer

No, lock picking is legal in all 50 US states. However, the legal nuances matter significantly. In most states, you can freely own, use, and carry lock picks without any special permits. But in 4 states—Mississippi, Nevada, Ohio, and Virginia—mere possession can be used as prima facie evidence of criminal intent.

Here's the critical distinction:

Legal Category	States	What It Means
Legal (Intent Required)	45+ states	Prosecution must prove criminal intent
Legal (No Specific Statute)	IN, NC, ND, PA, WV	No law addresses lock picks specifically
Prima Facie	MS, NV, OH, VA	Possession alone is presumptive evidence
Ambiguous	TN	Law could be interpreted either way

If you're a locksport hobbyist, you can practice your craft legally throughout the country. But knowing which category your state falls into—and what that means for your rights—is essential.

Understanding the Three Legal Categories

Category 1: Intent Required (45+ States)

The vast majority of US states follow the same basic legal principle: owning lock picks is legal; using them to commit crimes is not.

In these states, the prosecution must prove two elements to convict someone of illegal possession:

1. Possession of lock picks or burglary tools
2. Criminal intent to use them for illegal purposes (usually burglary)

This is a high bar for prosecutors. Simply owning lock picks—even carrying them in your car or on your person—is not a crime. The state must prove you intended to commit a specific crime.

Example: California Penal Code § 466

California's law is typical of intent-required states:

"Every person having upon him or her in his or her possession a picklock, crow, keybit... with intent feloniously to break or enter into any building... is guilty of a misdemeanor."

The key phrase is "with intent feloniously." Without proof of that intent, there's no crime.

States with explicit intent requirements include:

• California, Texas, Florida, New York, Illinois
• Colorado, Arizona, Washington, Oregon, Georgia
• Most other states (see full table below)

Category 2: No Specific Statute (5 States)

Five states have no law specifically addressing lock picks or burglary tools:

• Indiana
• North Carolina
• North Dakota
• Pennsylvania
• West Virginia

In these states, possessing lock picks falls under general property law. You can own them freely, though using them to commit crimes would still be prosecuted under burglary or trespassing statutes.

This is arguably the most permissive category for locksport enthusiasts.

Category 3: Prima Facie States (4 States) ⚠️

Four states have "prima facie" laws that shift the burden of proof:

State	Statute	What It Means	Maximum Penalty
Mississippi	§ 97-17-35	Concealed possession is prima facie evidence	Up to 5 years prison
Nevada	NRS 205.080	Possession is prima facie evidence	Up to 6 months jail
Ohio	ORC 2923.24	Possession is prima facie evidence	Up to 90 days jail
Virginia	§ 18.2-94	Possession is prima facie evidence	Up to 12 months jail

What "prima facie" actually means:

In legal terms, prima facie means "at first glance" or "on its face." When applied to lock pick possession:

1. The prosecutor doesn't need to prove intent
2. Mere possession is treated as presumptive evidence of criminal intent
3. The burden shifts to YOU to prove your innocent purpose
4. You can still defeat the charge by demonstrating lawful hobby use

This doesn't mean you'll automatically be convicted—but it does mean you're starting from a defensive position rather than the prosecution needing to build a case.

Read our detailed guide: Prima Facie Lock Pick Laws Explained

Category 4: Ambiguous (Tennessee)

Tennessee's law (TCA § 39-14-701) is written broadly enough that it could potentially be interpreted to cover lock picks:

"Possession of burglary tools... is an offense if the tools, machines, or implements are... adapted, designed, or commonly used for committing or facilitating offenses involving forcible entry"

Whether lock picks are "commonly used for committing... forcible entry" is debatable. Most legal experts consider Tennessee de facto legal for hobbyists, but the ambiguity warrants caution.

Complete State-by-State Reference

States Where Lock Picks Are Legal (Intent Required)

State	Statute	Key Requirement	Notes
Alabama	§ 13A-7-8	Intent to burglarize	Clear intent standard
Alaska	AS 11.46.315	Intent to commit crime	Relatively permissive
Arizona	ARS 13-1505	Intent to commit burglary	Clear hobbyist protections
Arkansas	§ 5-36-106	Intent to commit crime	Standard intent law
California	PC § 466	Intent to commit felony	Strong case law for hobbyists
Colorado	CRS 18-4-205	Intent to commit crime	Clear intent standard
Connecticut	CGS § 53a-106	Intent to commit crime	Standard protections
Delaware	11 Del. C. § 828	Intent to commit crime	Clear intent standard
Florida	FS § 810.06	Intent to commit burglary	Large locksport community
Georgia	OCGA § 16-7-20	Intent to commit crime	Standard intent law
Hawaii	HRS § 708-812	Intent to commit crime	Clear hobbyist protections
Idaho	IC § 18-1405	Intent to commit burglary	Standard intent law
Illinois	720 ILCS 5/19-2	Intent to commit crime	Clear protections
Iowa	IC § 713.7	Intent to commit crime	Standard intent law
Kansas	KSA 21-5812	Intent to commit burglary	Clear intent standard
Kentucky	KRS § 511.050	Intent to commit crime	Standard protections
Louisiana	RS 14:58	Intent to commit crime	Clear intent standard
Maine	17-A MRS § 405	Intent to commit crime	Relatively permissive
Maryland	CR § 6-205	Intent to commit crime	Standard intent law
Massachusetts	MGL c. 266 § 49	Intent to commit crime	Clear protections
Michigan	MCL 750.116	Intent to commit crime	Standard intent law
Minnesota	MS § 609.59	Intent to commit crime	Clear hobbyist protections
Missouri	RSMo 569.180	Intent to commit crime	Standard intent law
Montana	MCA 45-6-205	Intent to commit crime	Relatively permissive
Nebraska	RRS 28-507	Intent to commit burglary	Standard intent law
New Hampshire	RSA 634:1	Intent to commit crime	Clear protections
New Jersey	NJSA 2C:18-4	Intent to commit crime	Standard intent law
New Mexico	§ 30-16-5	Intent to commit crime	Relatively permissive
New York	PL § 140.35	Intent to commit crime	Strong case law
Oklahoma	21 OS § 1441	Intent to commit burglary	Standard intent law
Oregon	ORS 164.235	Intent to commit crime	Clear protections
Rhode Island	RIGL 11-8-6	Intent to commit crime	Standard intent law
South Carolina	§ 16-11-20	Intent to commit crime	Standard intent law
South Dakota	SDCL 22-32-10	Intent to commit crime	Relatively permissive
Texas	PC § 16.01	Intent to commit crime	Large locksport community
Utah	UC 76-6-205	Intent to commit crime	Standard intent law
Vermont	13 VSA § 1802	Intent to commit crime	Relatively permissive
Washington	RCW 9A.52.060	Intent to commit crime	Clear hobbyist protections
Wisconsin	WI 943.12	Intent to commit crime	Standard intent law
Wyoming	WS 6-3-302	Intent to commit burglary	Relatively permissive

States with No Specific Lock Pick Statute

State	Legal Status	Notes
Indiana	Legal	No burglary tools law
North Carolina	Legal	No specific statute
North Dakota	Legal	No burglary tools law
Pennsylvania	Legal	No specific statute
West Virginia	Legal	No burglary tools law

Prima Facie States (Use Extra Caution)

State	Statute	Special Conditions	Maximum Penalty
Mississippi	§ 97-17-35	Concealed possession is key trigger	5 years prison
Nevada	NRS 205.080	Any possession creates presumption	6 months jail + $1,000 fine
Ohio	ORC 2923.24	Possession with "purpose to use"	90 days jail
Virginia	§ 18.2-94	Possession is prima facie evidence	12 months jail

Ambiguous State

State	Statute	Concern	Recommendation
Tennessee	TCA § 39-14-701	"Commonly used" interpretation	Exercise caution; maintain documentation

Practical Advice by Situation

If You Live in an Intent-Required State (Most People)

You have significant legal protections. Still, following best practices minimizes any potential issues:

1. Document your hobby - Join TOOOL or a local locksport club
2. Keep picks with hobby materials - Practice locks, books, competition records
3. Be prepared to explain - If questioned, calmly explain locksport as a hobby
4. Avoid suspicious circumstances - Don't practice picking at 2 AM in a parking lot

If You Live in a Prima Facie State

Extra caution is warranted in Mississippi, Nevada, Ohio, and Virginia:

1. Strongly consider club membership - TOOOL membership provides documentation
2. Never carry picks without hobby materials - Always have practice locks
3. Keep detailed records - Competition registrations, training receipts, club dues
4. Store carefully in vehicles - Trunk storage is better than passenger area
5. Know your rights - Understand you can defeat the presumption with evidence of lawful purpose

Consider whether EDC (everyday carry) is worth the risk in these states.

If You're Traveling Across State Lines

Plan your route with legal considerations:

1. Check every state you'll pass through - Not just your destination
2. Avoid prima facie states if possible - Route around MS, NV, OH, VA
3. If you must pass through - Keep picks in locked luggage with hobby materials
4. Document your trip - Competition registration, club event, etc.
5. Know what to say - "I'm traveling to a locksport event in [destination]"

If You're Questioned by Police

Regardless of state:

1. Stay calm and polite - Attitude matters significantly
2. Explain clearly - "These are lock picks. I practice locksport as a hobby."
3. Show documentation - Membership card, competition records, practice locks
4. Know your rights - In intent-required states, possession alone is not illegal
5. Don't consent to searches - Unless you understand the implications
6. Request an attorney - If the situation escalates

The Locksport Community Response

The locksport community has worked for decades to distinguish the hobby from criminal activity. Organizations like TOOOL (The Open Organisation Of Lockpickers) actively:

• Educate law enforcement about the hobby
• Provide membership documentation for enthusiasts
• Advocate for clearer laws protecting hobbyists
• Offer resources for members facing legal questions

Joining a recognized organization provides:

• Credible documentation of your hobby
• Community support if legal issues arise
• Insurance for organized events
• Educational resources and training

Why These Laws Exist

Understanding the legislative intent helps contextualize these laws:

Historical context: Most burglary tool laws date to the early-to-mid 20th century, when lock picks were primarily associated with professional criminals. The hobby of locksport emerged much later.

Prima facie rationale: States with prima facie laws argued that legitimate possession was rare enough that mere possession indicated criminal intent. This reasoning predates the modern locksport movement.

Modern reality: With thousands of locksport enthusiasts, online communities, and legitimate educational uses, the original legislative assumptions no longer hold. However, changing laws is a slow process.

Penalties Summary

If you are charged and convicted, penalties vary significantly:

Category	Typical Charge	Typical Penalty Range
Intent states (misdemeanor)	Possession of burglary tools	30 days - 1 year jail, fines
Intent states (felony enhancement)	With prior convictions	1-5 years prison
Prima facie states	Possession	90 days - 5 years depending on state

Remember: A charge is not a conviction. In all states, you have the right to present evidence of lawful purpose, and many charges are dismissed when hobby documentation is provided.

Next Steps

1. Know your state's classification - Reference the tables above
2. Join a locksport organization - TOOOL US is the largest
3. Document your hobby - Keep records of your legitimate locksport activities
4. Explore our legal database - View all US states for detailed breakdowns

For detailed analysis of your specific state, visit our interactive legal database with full statutory citations and practical guidance.

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This guide is for informational purposes only and does not constitute legal advice. Laws change, and local enforcement varies. Consult a licensed attorney in your jurisdiction for specific legal questions.