State Laws

18 U.S.C. § 1029 (Federal “Access Device” Fraud): Title 18, Section 1029 of the U.S. Code prohibits fraud and related activity in connection with “access devices.” An access device includes things like credit cards, account numbers, electronic key cards, etc. In context, if lock tools were used to unlawfully access secure devices or payment systems, it could implicate this statute. For example, producing or using a device to fraudulently enter a secured ATM or card-operated door could be seen as an access device fraud. (This law primarily targets credit card skimmers, counterfeit card makers, and similar equipment, but we mention it to note that using physical tools as part of a fraud scheme can trigger federal charges.)

18 U.S.C. § 1030 (Federal Computer Fraud and Abuse Act): Title 18, Section 1030 is the Computer Fraud and Abuse Act, which criminalizes unauthorized access to computers and digital systems. While this mainly covers hacking with computers, it can also apply if someone uses physical means to gain unauthorized entry to computer systems (for instance, picking a lock to a server room to hack a computer could invoke both physical burglary charges and federal computer crime charges). We cite it here to underscore that any use of our tools to facilitate unauthorized access to computer data or networks could lead to federal prosecution under §1030.

39 U.S.C. § 3002a & 18 U.S.C. § 1716A (Federal Postal Nonmailability of Locksmith Devices): Federal law explicitly forbids sending lockpicking tools through the U.S. Mail. 39 U.S.C. §3002a declares “any locksmithing device is nonmailable” unless shipped to certain exempt entities. It defines “locksmithing device” broadly to include any tool or device (other than a normal key) designed to unlock or bypass locks, or to make keys, without authorization. 18 U.S.C. §1716A makes it a crime to knowingly mail such nonmailable items via USPS, with up to 1 year imprisonment. Notably, §1716A(b) further prohibits using any interstate carrier to ship items deemed nonmailable by §3002a. The law provides exceptions: mailing to a lock manufacturer/distributor, bona fide locksmith, bona fide repossessor, or motor vehicle manufacturer/dealer is allowed. These provisions are why we cannot use USPS for your orders and require using UPS and verifying professional status for some shipments. (Sources: 39 U.S.C. §3002a; 18 U.S.C. §1716A).

Pennsylvania Crimes Code – 18 Pa. Cons. Stat. § 907: This is Pennsylvania’s statute on “Possessing instruments of crime.” It states: *“A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.”* An “instrument of crime” is defined to include “anything specially made or specially adapted for criminal use” or anything used for criminal purposes under circumstances not manifestly appropriate for lawful uses. In Pennsylvania, lockpicks can fall under this definition only if possessed with criminal intent. Mere possession without nefarious intent is not a crime, which is why hobby lockpickers and locksmiths are safe under PA law. We cite this to affirm that our operations in PA are legal (we sell tools with the expectation of lawful use, so no intent to commit crimes).

California Penal Code § 466 & § 466.1: Section 466 lists various burglary tools (including picklocks, crowbars, slim jims, lock pick guns, bump keys, etc.) and makes it a misdemeanor to possess them only when intending to feloniously break or enter into specified structures or vehicles. Simply having those tools is not illegal absent criminal intent, aligning with the general rule. Section 466.1, however, regulates the sale of lockpicks and similar tools. It requires anyone who “knowingly and willfully sells or provides” lock picking tools (specifically: any lock pick, tension bar, pick gun, tubular lock pick, or floor-safe door puller) to another person to record the buyer’s name, address, ID, etc., and retain a signed receipt for one year, open to police inspection. Not complying with this record-keeping is a misdemeanor. This is why Dark Wolf Tactical keeps sales records for California customers who buy lock tools, as mentioned above. California Penal Code §466.5 further forbids selling “motor vehicle master keys” (keys that can open/start multiple cars) to anyone except those who use them in lawful occupations (e.g. locksmiths, dealers). Violation of §466.5(c) (unlawful sale/advertisement of master keys) is a misdemeanor. We abide by these provisions by restricting automotive lock tools sales to qualified individuals in CA.

Illinois Statutes – 720 ILCS 5/19-2.5 (Unlawful Sale of Burglary Tools): Illinois law is very strict. Under 720 ILCS 5/19-2.5(b), it is illegal to “knowingly sell or transfer any key, including a key designed for lock bumping, or a lock pick specifically made or altered for use in breaking into” buildings, cars, safes, etc., to an unauthorized person. Subsection (c) provides exemptions: sales or transfers to peace officers, law enforcement agencies, licensed locksmiths under the IL Private Detective/Alarm/Locksmith Act, towing businesses, or lawful repossessors with ID are allowed. Any other sale is a criminal offense (Class 4 felony). This statute is why we do not ship to Illinois customers without proof of credentials – selling to the general public in IL is literally against the law. Dark Wolf Tactical will only sell in compliance with these exemptions (for instance, fulfilling orders for licensed locksmiths or officials, with verification).

New York Penal Law – Possession of Burglar’s Tools (P.L. § 140.35): New York law (P.L. 140.35) makes it a class A misdemeanor to possess any tool or instrument commonly used for burglary (which includes lockpicks, slim jims, etc.) “under circumstances evincing an intent to use… in the commission of an offense”. This is similar to the PA and CA approach – intent is required. New York does not forbid simply owning lockpicks if you have a lawful purpose. However, case law in NY allows inference of intent from circumstances (e.g. having picks at 3 AM while prowling could lead to arrest). Additionally, New York City Administrative Code §20-426 requires anyone engaging in locksmithing for profit in NYC to be licensed (and §20-427 forbids unlicensed persons from even advertising locksmith services). While NYC law doesn’t outright criminalize possession of tools, an unlicensed individual with lockpick tools in NYC could potentially be accused of unlicensed locksmithing. We treat NYC as a special case and will verify professional status as needed.

Other Notable State Laws: A few other states have noteworthy statutes:

Tennessee Locksmith Licensing (Tenn. Code Ann. § 62-11-111 et seq.): Tennessee requires locksmiths to be licensed, and it has been interpreted that possession of locksmith tools by non-licensed individuals may be unlawful after the Locksmith Licensing Act (2006). The law primarily penalizes unlicensed practice, but customers in TN should be aware of this licensing requirement.

Nevada Revised Statutes (NRS 205.080): Nevada law provides that possession of burglar’s tools (which includes lock picks) with intent to break in is a gross misdemeanor. Moreover, Nevada courts have treated possession of such tools as prima facie evidence of intent to burglarize, meaning simply having them can shift burden to the defendant to prove lawful intent.

Virginia Code § 18.2-94: Virginia law states that possession of burglarious tools (including lock picks) by someone “with intent to commit burglary, robbery or larceny” is prima facie evidence of such intent. This essentially presumes intent from possession, making it effectively illegal to have the tools unless you convince otherwise. Virginia also requires locksmith businesses to be licensed (Code of Virginia § 9.1-138 to § 9.1-150).

Washington, D.C. (D.C. Code § 22-2501?): The District of Columbia’s laws have been interpreted to treat the mere possession of lockpicks as suspect. While D.C. law requires intent for a conviction, in practice the threshold is low. We advise no shipments to D.C. without proper authorization.

Locksmith Licensing Laws: Many states (e.g. California, Illinois, New Jersey, North Carolina, Oregon, Texas, etc.) have licensing requirements for those who operate as locksmiths or install locks as a business. These are regulatory laws (civil/administrative in nature). While they don’t criminalize owning tools, they mean you cannot legally use our tools to perform paid locksmith services in those states unless you have a license. Dark Wolf Tactical sells to individuals assuming they will abide by any professional licensing laws if applicable (for example, if you buy tools to use in your locksmith business, we assume you have the proper state license to do so).

Sources: The legal statements above are supported by the following references – federal statutes from the U.S. Code, state statutes, and legal summaries:

U.S. Code Title 39 §3002a (Nonmailable locksmithing devices); Title 18 §1716A (Postal prohibition on mailing locksmith devices).

Pennsylvania Consolidated Statutes, Title 18, §907 (possession of instruments of crime).

California Penal Code §§466, 466.1, 466.5 (burglary tools possession and sale restrictions).

Illinois Compiled Statutes, 720 ILCS 5/19-2.5 (unlawful sale of burglary tools, with exceptions).

Informational resources on lockpick laws (Lockwiki and others) summarizing state laws for NY, TN, NV, VA, DC, etc., and general legality (e.g. possession legal unless intent).

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