ATL: Is it legal in California to carry a slim jim...?
Ask The Locksmith Question:Is it legal in California to carry a slim jim car lock tool in your car?
It's a slippery slope in California as regards locksmithing tools. The short, and completely non-definitive answer? Yes, and no...
"Technically" it is NOT legal to carry a Slim Jim in California unless licensed to do so (locksmiths, some security, police, fire, etc.). ALL locksmithing tools (a Slim Jim is considered one), are considered "burglary" tools. Their essential purpose the "breaking and entering" of something. Therefore, carrying any of these things without a license to do so leads to the occasionally misguided, but just as often correct assumption by law enforcement that they are to be used in an illegal manner... If pulled over with these types of tools, it is law enforcements discretion and wholly their opinion as to whether you can or will be charged with felonious intent, even if there is no obvious law breaking going on. The idea being, if you're not licensed to carry them, why else would you have them except for illegal purposes?
Note that the prosecution in this type of case would have to prove "intent". Although, should you be unlucky enough to also be carrying your cousins' ski mask, your uncles' duct tape, a full set of Grandpas' Stanley Tools, and are "lost" in a neighborhood where there's been a rash of break-ins lately, well, that may not be hard to do. On the other hand, in most places with applicable laws, "the (mere) 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." This means that the possessor can have a bit of an uphill battle and has to convince the jury that this 'prima facie evidence' is misleading.
California state criminal code actually allows for misdemeanor and up charges based on the mere possession of these items. (See: California Penal Code 466-469) -- State law also expressly forbids the sale of any burglary tools to any unlicensed individual or business outside of law enforcement. Locksmiths IN California are technically required to provide positive proof of licensing and current occupation as locksmiths when ordering locksmith tools from out of state. Importation of locksmith tools into California without these requirements is punishable by local, state, and Federal law. See: Nonmailability of locksmithing devices.
So yeah, you could technically get away with it for no more than a misdemeanor. But you could also get a very aggressive law enforcement officer and/or prosecutor. Remember, all that's needed is "reasonable suspicion". Something to consider when deciding whether to carry or not...
Hope this helps...
Cheers!
Kim
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