Lockpick Laws in the United States

The laws concerning lockpicks in the United States are as follows...

AL Legal - must show intent Code of Alabama - § 13A-7-8 - Possession of burglar's tools. (a) A person commits the crime of possession of burglar's tools if he:

(1) Possesses any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and

(2) Intends to use the thing possessed in the commission of an offense

AK Legal - must show intent Alaska Statutes 2006 - Sec. 11.46.315. Possession of burglary tools.

(a) A person commits the crime of possession of burglary tools if the person possesses a burglary tool with intent to use or permit use of the tool in the commission of [a crime].

(b) As used in this section, "burglary tools" means (1) any tool, instrument, or device adapted or designed for use in committing a crime .

AR No specific laws

AZ Legal - must show intent Arizona Revised Statutes - § 13-1505. Possession of burglary tools; master key; manipulation key; classification A. A person commits possession of burglary tools by 1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary and intending to use or permit the use of such an item in the commission of a burglary.

CA Legal - must show intent California Penal Code - §s 466-469. Burglarious And Larcenous Instruments And Deadly Weapons.

§ 466. Every person having upon him or her...a picklock...or other instrument or tool with intent feloniously to break or enter into any building...or who shall knowingly make or alter...any key or other instrument...so that the same will fit or open the lock of a building...without being requested to do so by some person having the right to open the same, or who shall make...any instrument or thing...to be used in committing a misdemeanor or felony, is guilty of a misdemeanor.



§ 466.1. Any person who...sells or provides a lock pick, a tension bar...to another, whether or not for compensation, shall obtain the name, address, telephone number, if any, date of birth, and driverâ€™s license number or identification number, if any, of the person to whom the device is sold or provided. This information, together with the date...and the signature of the person to whom the device was sold or provided, shall be set forth on a bill of sale or receipt. A copy of each bill of sale or receipt shall be retained for one year and shall be open to inspection by any peace officer during business hours. Any person who violates any provision of this section is guilty of a misdemeanor.



CO Legal - must show intent Colorado Revised Statutes - § 18-4-205(1). Possession of burglary tools. A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.

CT Legal - must show intent General Statutes of Connecticut - § 53a-106. Manufacturing or possession of burglar's tools: Class A misdemeanor. (a) A person is guilty of manufacturing or possession of burglar's tools when he manufactures or has in his possession any tool, instrument or other thing adapted, designed or commonly used for advancing or facilitating offenses involving unlawful entry into premises, or offenses involving forcible breaking of safes or other containers or depositories of property, under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.

DC Legal - must show intent District of Columbia Official Code - § 22-2501 - Possession of implements of crime; penalty. 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.

DE Legal - must show intent Delaware Code - § 828 - Possession of burglar's tools or instruments facilitating theft.(a) A person is guilty of possession of burglar's tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character, the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:

(1) Offenses involving unlawful entry into or upon premises,

(2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization, [or]

(3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates, doors or any container or depositories of property.

FL Legal - must show intent Florida Statutes - § 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 .

GA Legal - must show intent Georgia Code - § 16-7-20(a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.

HI Legal - must show intent Hawaii Revised Statutes - § 708-812(1) (a) - Possession of burglar's tools. A person commits the offense of possession of burglar's tools if the person knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and the person intends to use the explosive, tool, instrument, or article, or knows some person intends ultimately to use it, in the commission of the offense of the nature described aforesaid .

IA Legal - must show intent Iowa Code - § 713.7 - Possession of burglar's tools. Any person who possesses any key, tool, instrument, device or any explosive, with the intent to use it in the perpetration of a burglary, commits an aggravated misdemeanor.

ID Legal - must show intent Idaho Statutes - § 18-1406 - Possession of Burglarious Instruments. Every person having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building or who shall knowingly make or alter, or shall attempt to make or alter any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open the same, or who shall make, alter, or repair, any instrument or thing, knowing, or having reason to believe, that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor.

IL Legal - must show intent. Bump keys are written into the law specifically. 720 ILCS § 19-2 - Possession of burglary tools. (a) A person commits the offense of possession of burglary tools when he possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, house trailer, watercraft, aircraft, motor vehicle , railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter any such place and with intent to commit therein a felony or theft. § 19-2.5 - Unlawful sale of burglary tools. (a) For the purposes of this Section:

"Lock bumping" means a lock picking technique for opening a pin tumbler lock using a specially crafted bump key.

(b) A person commits the offense of unlawful sale of burglary tools when he or she knowingly sells or transfers any key, including a key designed for lock bumping, or a lock pick specifically manufactured or altered for use in breaking into a building, house trailer, watercraft, aircraft, motor vehicle, railroad car, or any depository designed for the safekeeping of property, or any part of that property. Illinois infers from the possession of a key designed for lock bumping an intent to commit a felony.

IN No specific laws

KS Legal - must show intent. Fingerprinting is written into the law specifically. Kansas Statutes § 21-2501(a) (4): It is hereby made the duty of every sheriff, police department or countywide law enforcement agency in the state, immediately to cause two sets of fingerprint impressions and one set of palm print impressions to be made of a person who is arrested if the person is in possession of burglary tools or other appliances believed to be used solely for criminal purposes. Thus, there is no statute prohibiting possession, but a possessor who is arrested (for whatever reason) is subject to being fingerprinted.

KY Legal - must show intent Kentucky Revised Statutes - § 511.050 - Possession of burglar's tools.(1) A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other thing adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking under circumstances which leave no reasonable doubt as to his:(a) Intention to use the same in the commission of an offense of such character; or(b) Knowledge that some other person intends to use the same in the commission of an offense of such character.

LA Legal - must show intent Louisiana Revised Statutes § 14:95A - Illegal carrying of weapons is: the ownership, possession, custody or use of any tools or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime .

G.(1) The provisions of this Section shall not apply to sheriffs and their deputies, state and city police, constables and town marshals, or persons vested with police power when in the actual discharge of official duties. These provisions shall not apply to sheriffs and their deputies and state and city police who are not actually discharging their official duties, provided that such persons are full time, active, and certified by the Council on Peace Officer Standards and Training and have on their persons valid identification as duly commissioned law enforcement officers.

(2) The provisions of this Section shall not apply to any law enforcement officer who is retired from full-time active law enforcement service with at least twelve years service upon retirement, nor shall it apply to any enforcement officer of the office of state parks, in the Department of Culture, Recreation and Tourism who is retired from active duty as an enforcement officer, provided that such retired officers have on their persons valid identification as retired law enforcement officers, which identification shall be provided by the entity which employed the officer prior to his or her public retirement. The retired law enforcement officer must be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such qualification. This exception shall not apply to such officers who are medically retired based upon any mental impairment.

(3)(a) The provisions of this Section shall not apply to active or retired reserve or auxiliary law enforcement officers qualified annually by the Council on Peace Officer Standards and Training and who have on their person valid identification as active or retired reserve law or auxiliary municipal police officers. The active or retired reserve or auxiliary municipal police officer shall be qualified annually in the use of firearms by the Council on Peace Officer Standards and Training and have proof of such certification.

MA Legal - must show intent Massachusetts General Laws Chapter 266 §49 Burglarious instruments; making; possession; use. Whoever makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose shall be punished by imprisonment .

MD Legal - must show intent MD Code Crim. Law

§ 6-205 Burglary in the fourth degree -

...

(d) [Prohibited] - Possession of burglar's tool. - A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a violation of this subtitle. § 6-206 Breaking and entering motor vehicle - Rogue and vagabond

(a) Prohibited - Possession of burglar's tool.- A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a crime involving the breaking and entering of a motor vehicle.

ME Legal - must show intent Maine Revised Statutes - § 17-A-403 - Possession or transfer of burglar's tools

A person is guilty of possession or transfer of burglar's tools if that person: A. Possesses or makes any tool, implement, instrument or other article that is adapted, designed or commonly used for advancing or facilitating crimes involving unlawful entry into property or crimes involving forcible breaking of safes or other containers or depositories of property, with intent to use such tool, implement, instrument or other article to commit any such criminal offense .

B. Transfers or possesses with the intent to transfer any device described in paragraph A that that person knows is designed or primarily useful for the commission of a crime described in paragraph A.

MI Legal - must show intent Michigan Compiled Laws - § 750.116 - Burglar's tools; possession. Any person who shall knowingly have in his possession any tool or implement, device adapted and designed for forcing or breaking open any building, room, vault, safe or other depository, in order to steal therefrom any money or other property, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ the same for the purpose aforesaid, shall be guilty of a felony .

MN Legal - must show intent Minnesota Statutes 2006 - § 609.59 - Possession of Burglary or Theft Tools. Whoever has in possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary or theft may be sentenced to imprisonment .

MO Legal - must show intent Missouri Revised Statutes - § 569.180.1 - Possession of burglar's tools.1. A person commits the crime of possession of burglar's tools if he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using the same in making an unlawful forcible entry into a building or inhabitable structure or a room thereof.

MS Possessor may have to counter prima facie evidence of intent, but only if their picks are "concealed" Mississippi Code - § 97-17-35 - Burglary; possession of burglar's tools. It is unlawful for any person to have in his possession implements, tools, or instruments designed to aid in the commission of burglary, larceny or robbery . The carrying concealed about one's person, or in one's baggage, implements, tools or instruments peculiarly adapted to aid in the commission of burglary, larceny or robbery, shall be prima facie evidence of intention to use them for such purpose. Concealment:

(1) Tools lying on the back seat and the floorboard of automobile are not "concealed." PAMPHLET v. STATE;

(2) tools in trunk of car are "concealed." SMITH v. STATE;

(3) there have been cases of people tried for possessing concealed weapons when a gun was partially visible under the seat of a car.

Prima facie evidence:

(1) Prima facie evidence authorizes jury finding of guilt; ROBINSON v. STATE.

(2) When a prima facie case is made for the State, the defendant must then present evidence in rebuttal; SYKES, v. STATE; HICKS v. STATE.

(3) Effort must be made by defendant to overcome the prima facie case; JONES v. STATE.

MT Legal - must show intent Montana Code Annotated - § 45-6-205 - Possession of burglary tools.(1) A person commits the offense of possession of burglary tools when he knowingly possesses any key, tool, instrument, device, or explosive suitable for breaking into an occupied structure or vehicle or any depository designed for the safekeeping of property or any part thereof with the purpose to commit an offense therewith.

NC no specific laws concerning posession, but "locksmithing" is regulated North Carolina Code - General Statutes § 74F-3. Licenses required. No person shall perform or offer to perform locksmith services in this State unless the person has been licensed . A violation of this section is a Class 3 misdemeanor . § 74F-4 Definitions

Locksmith services. - Repairing, rebuilding, rekeying, repinning, servicing, adjusting, or installing locks, mechanical or electronic locking devices, access control devices, egress control devices, vaults, and safe-deposit boxes for compensation or other consideration, including services performed by safe technicians. § 74F 16. Exemptions.

The provisions of this Chapter do not apply to: a salesperson while demonstrating the use of locksmith tools to licensed locksmiths. North Carolina does not criminalize possession, but lockpicking demonstrations in that state should always be free so that they never fall within the definition of "locksmith services." Locksmiths must be licensed, and there is a Locksmith Licensing Board.

ND No specific laws

NE Legal - must show intent Nebraska Revised Statutes - § 28-508 - Possession of burglar's tools; penalty.(1) A person commits the offense of possession of burglar's tools if:(a) He knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and (b) He intends to use the explosive, tool, instrument, or article, or knows some person intends ultimately to use it, in the commission of an offense of the nature described in subdivision (1)(a) of this section.

NH Legal - must show intent New Hampshire Code - § 635:1V. A person is guilty of a misdemeanor if he knowingly has in his possession, an engine, machine, tool, or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe, or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose.

NJ Legal - must show intent New Jersey Permanent Statutes - § 2C:5-5 - Burglar's Tools. a. Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense or offenses involving forcible entry into premises. (1) Knowing the same to be so adapted or designed or commonly used; and (2) With either a purpose so to use or employ it, or with a purpose to provide it to some person who he knows has such a purpose to use or employ it, is guilty of an offense. b. Any person who publishes plans or instructions dealing with the manufacture or use of any burglar tools as defined above, with the intent that such publication be used for committing or facilitating any offense or offenses involving forcible entry into premises is guilty of an offense.

NM Legal - must show intent New Mexico Statutes and Court Rules - § 30-16-5 - Possession of burglary tools. Possession of burglary tools consists of having in the person's possession a device or instrumentality designed or commonly used for the commission of burglary and under circumstances evincing an intent to use the same in the commission of burglary. Whoever commits possession of burglary tools is guilty of a fourth degree felony.

NV Possessor may have to counter prima facie evidence of intent Nevada Revised Statutes - § 205.080 - Possession of instrument with burglarious intent; making, alteration or repair of instrument for committing offense; penalty.

1. Every person who makes or mends or causes to be made or mended, or has in his possession in the day or nighttime, any engine, machine, tool, false key, picklock, bit, nippers or implement adapted, designed or commonly used for the commission of burglary, invasion of the home, larceny or other crime, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used, shall be guilty of a gross misdemeanor.

2. The possession thereof except by a mechanic, artificer or tradesman at and in his established shop or place of business, open to public view, shall be prima facie evidence that such possession was had with intent to use or employ or allow the same to be used or employed in the commission of a crime. "The statute does not shift the burden of proof nor deprive the accused of due process nor is it arbitrary and unreasonable . The statute here talks of prima facie evidence, but it means only that the burden shall be upon the party found in possession to explain and justify it when accused of the crime that the statute creates . It is consistent with all the constitutional protections of accused men to throw on them the burden of proving facts peculiarly within their knowledge and hidden from discovery by the Government." COX v. STATE. "The judge shall not direct the jury to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense , the judge may submit the question of guilt or of the existence of the presumed fact to the jury, if, but only if, a reasonable juror on the evidence as a whole could find guilt or the presumed fact beyond a reasonable doubt...." BRACKEEN v. STATE.

NY Legal - must show intent New York Consolidated Laws of New York - PEN Title I - Article 140 - § 140.35 - Possession of burglar's tools. A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services , under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.

OH Possessor may have to counter prima facie evidence of intent Ohio Code - 2923.24. Possessing criminal tools.

(A) No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.

(B) Each of the following constitutes prima facie evidence of criminal purpose:

***

(2) Possession or control of any substance, device, instrument or article designed or specially adapted for criminal use . "Prima facie evidence means evidence which is sufficient to establish a fact, unless rebutted, and that standing alone and unexplained would support the conclusion for which it is introduced;" STATE v. HICKS.

OK Legal - must show intent Oklahoma Statutes - § 21-1442 - Possession of certain tools by persons previously convicted of burglary. Any person who has been previously convicted of the crime of burglary who has in his possession, custody or concealed about his person, or transports or causes to be transported, any combination of three (3) or more of the following tools: Sledge hammer, pry bar, punches, chisel, bolt cutters, with the intent to use or employ, or allow the same to be used or employed, in the commission of a crime, or knowing that the tools are to be used in the commission of a crime, shall be guilty of a felony. Tools in a sack are "concealed." HUNNICUTT, v. STATE. Statute applies only to persons previously convicted of burglary possessing any combination of three (3) or more of the following tools: sledgehammer, pry bar, punches, chisel, bolt cutters.

OR Legal - must show intent Oregon Revised Statutes - § 164.235 - Possession of a burglary tool or theft device. (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:(a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking. (2) For purposes of this section, "burglary tool or theft device" means any tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

PA No specific laws

RI Legal - must show intent Rhode Island Code - § 11-8-7 - Making, repairing, or possessing burglar tools - Whoever makes or mends, or does any work connected with the making or reparation of, or has in his or her possession any engine, machine, tool, false key, pick lock, nippers, or implement of any kind adapted and designed for cutting through, forcing, breaking open, or entering a building, room, vault, safe, or other depository, in order to steal from it money or other property, or to commit any other crime, knowing the equipment to be adapted and designed for this purpose, with intent to use or employ, or allow the equipment to be used or employed, for this purpose, shall be imprisoned not more than ten (10) years.

SC Legal - must show intent South Carolina Code of Laws - § 16-11-20 - Making, mending or possessing tools or other implements capable of being used in crime. § 16-11-30. Possession of master keys and non-owner key sets. It is unlawful for a person to make or mend, cause to be made or mended, or have in his possession any engine, machine, tool, false key, picklock, bit, nippers, nitroglycerine, dynamite cap, coil or fuse, steel wedge, drill, tap-pin, or other implement or thing adapted, designed, or commonly used for the commission of burglary, larceny, safecracking, or other crime, under circumstances evincing an intent to use, employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same are intended to be so used.

SD Legal - must show intent South Dakota Codified Laws - § 22-32-17 - Possession of weapon or tools with intent to commit burglary--Felony. Any person who has in his or her possession any weapon or instrument specifically designed or adapted for the commission of a burglary or any explosive useful for the commission of a burglary, with the intent to commit a burglary, is guilty of a Class 6 felony.

TN Laws targeting rogue & scammer locksmiths are broadly-written and criminalize possession of lockpicks by unlicensed persons if said persons are seeking to earn money by defrauding the public. Use and demonstration of lockpicks appears to be legal if not done for profit. "The purpose of this act is to provide uniform procedures and qualifications throughout Tennessee for licensing and regulation of locksmiths, to protect the public of Tennessee by prohibiting the unauthorized use of lock picking, safe opening, and car opening tools by making it illegal for persons convicted of certain crimes to obtain or possess such tools, and to protect the safety and security of persons and property by assuring that individuals or companies offering locksmithing services to the general public are competent in locksmithing services"

Tennessee Code Annotated, Title 4, Chapter 29 and Title 62 § 4 - (8) "Locksmith" means any natural person who provides locksmithing services for any type of compensation; (9) "Locksmithing services" means: (A) Repairing, rebuilding, repinning, recombinating, servicing, adjusting, or installing any lock, safe, or vault; or (B) Operating a lock, safe, or vault by means other than those intended by the manufacturer of such lock, safe, or vault; § 5 - (g) No person who is not licensed under this act shall possess, use, sell, or offer to sell any code book, lock picking tool, manipulation key, try-out key, safe opening tool, or car opening tool. (h) No person shall sell, offer to sell, or give to any person not licensed under this act any code book, lock picking tool, manipulation key, try-out key, safe opening tool, or car opening tool. § 6 - (a) The following persons, firms, partnerships, associations, or corporations not offering any other locksmithing services are specifically excluded from the requirements of this act... (5) Locksmith trade publications or equipment manufacturers or distributors not providing direct locksmithing services to the public

TX Legal - must show intent Texas Penal Code § 16.01 Unlawful Use of Criminal Instrument (a) A person commits an offense if:

(1) he possesses a criminal instrument with intent to use it in the commission of an offense; or

(2) with knowledge of its character and with intent to use or aid or permit another to use in the commission of an offense, he manufactures, adapts, sells, installs, or sets up a criminal instrument.

(b) For the purpose of this section, "criminal instrument" means anything, the possession, manufacture or sale of which is not otherwise an offense that is specially designed, made or adapted for use in the commission of an offense.

UT Legal - must show intent Utah Code - 76-6-205 - Manufacture or possession of instrument for burglary or theft. Any person who manufactures or possesses any instrument, tool, device, article, or other thing adapted, designed, or commonly used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of a burglary or theft is guilty of a class B misdemeanor.

VA Possessor may have to counter prima facie evidence of intent Code of Virginia - § 18.2-94 - Possession of burglarious tools, etc. If any person has 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. "The possession of burglarious tools by one not a licensed dealer is alone, by the statute, made prima facie evidence of an intent to commit burglary, robbery or larceny. The presumption, however, cuts off no defense nor interposes any obstacle to a contest of the facts, and 'relieves neither the court nor the jury of the duty to determine all of the questions of fact from the weight of the whole evidence. 'It is merely a rule of evidence and not the determination of a fact * * *.' When possession is proven, the burden of going forward with the evidence shifts to the defendant, but this does not shift the burden of ultimate proof, or deprive defendant of his right to have the jury instructed on the presumption of innocence .

" In other words, when a person, other than a licensed dealer, has been shown to have in his possession burglarious tools, the burden of making a reasonable explanation to overcome the statutory presumption is shifted to him ." NANCE v. COM. (Possession "by one not a licensed dealer" is considered prima facie evidence of intent to commit a crime. Our lawyers could find no definition of "licensed dealer.")

VT Legal - must show intent Vermont Statutes Annotated - § 1204 - Making or having burglar's tools. A person who manufactures or knowingly has in his possession any engine, machine, tool or implement, adapted and designed for cutting through, forcing or breaking open any building, room, vault, safe or other depository, in order to steal therefrom money or other property, knowing the same to be adapted and designed for such purpose, with intent to use or employ the same therefor, shall be imprisoned .

WA Legal - must show intent Revised Code of Washington - § 9A.52.060 - Making or having burglar tools.(1) Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools.

WI Legal - must show intent The Wisconsin Statutes and Annotations - § 943.12 - Possession of burglarious tools. Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any depository designed for the safekeeping of any valuables or into any building or room, with intent to use such device or instrumentality to break into a depository, building or room, and to steal therefrom, is guilty of a Class I felony.

WV No specific laws No statute; bill introduced in 2010 would make possession with intent illegal; bill died in committee.