Tennessee lockpicks law?

[theTastyCat]

Hey all - while waiting interminably for the override, I watched as the House debated a change to the Tennessee locksmith licensing act. My google-fu isn't the best, but the internet is fairly vague about what Tennessee law actually says. Almost every other state allows possession of lockpicks provided they aren't used or intended to be used in a burglary; according to Tennessee Code 39-14-701, doing so is a class A misdemeanor, but this thing http://www.state.tn.us/sos/acts/104/pub/pc0885.pdf which I can't seem to find in the Tennessee Code, seems to indicate that it's a felony, and also that emergency services are prohibited from ever opening anybody's vehicle. Based on some of the questions tonight, it would seem that that's not the case. SO...

Anybody know what exactly the law is? If not, does anybody know who the fellow was that asked about whether the volunteer LEOs who help unlock people's cars could continue? He might be able to lend some clarity and/or fix the bill...

Many thanks.

[56FordGuy]

I never knew there was a law concerning possession of lock picks. I always figured that it was okay to have, but you could be charged with possession of burglary tools if you were found with them while committing a crime. I could be wrong, though.

I took a course and did a little bit of locksmith work a few years ago, have kept a generic lockout tool since then to help out stranded folks. Never thought about getting into trouble for having it, but I have a card somewhere that says I'm 'certified'. Ain't I special.

Lots of local PDs are (or were) getting away from doing free lockout services. Modern vehicles are much harder to access with a 'slim jim' than they used to be, and the risk of damage (side impact air bags, power option wiring damage) is much greater than it used to be.

[theTastyCat]

Hey, I'm with you - it would stand to reason that good samaritans should be covered. However, I think they made a big deal about this with the Tennessee Locksmith Licensing Act - you might want to have a look through it just to cover your butt. The bottom line is the state wants more money (i.e. "licensing").

I moved from a state where this wasn't an issue, and used to very much enjoy locksport. I believe it's clear that lockpicks are far from necessary to B&E and would take much more time, energy, and talent than criminals care to apply; however, I'd rather not open my girlfriend's car with a sledgehammer the next time she locks her keys in it.

[TN-popo]

and also that emergency services are prohibited from ever opening anybody's vehicle.

This is true...except in emergency situations.

Both Smyrna PD and Rutherford Co still do courtesy "lock outs." When I brought this up to a friend who is pretty high ranking in one of these agencies, he said "We're still going to do them anyway."

[seez52]

wow, just imagine what would happen if you stored your lock picks with your switchblade knife

[Guest Glock23ForMe]

wow, just imagine what would happen if you stored your lock picks with your switchblade knife

[Raoul]

The bottom line is the state wants more money (i.e. "licensing").

QUOTE]

I think this is the bottom line. And once they license you you'll need a business license, and then you get to pay business property tax on your tools.

[Fallguy]

Start here to look up TN laws... http://www.michie.com/tennessee

39-14-701 deals with "Burglary tools" not necessarily lock picks. If someone just used a screwdriver to break into a place, they could be charged with this if they still have the screwdriver.

The Public Chapter you posted can be found under Title 62, Chapter 11 of the link I posted.

Just a note too 62-11-113 says it law enforcement agencies are not supposed to offer locksmithing services (unlock your car door) whether they charge or not.

I knew a locksmith when this was first being discussed, he was upset that LE agencies where basically taking customers from him by doing something for free that he charged for.....guess they had a good lobby...

Now to be honest I remember the bill being discussed last night, but I don't remember the bill number or what happened with it...

[I_Like_Pie]

The bottom line is the state wants more money (i.e. "licensing").

QUOTE]

I think this is the bottom line. And once they license you you'll need a business license, and then you get to pay business property tax on your tools.

Bottom line is that the people in the locksmith trade are very protective in TN and like all the business they can funneled their way. They want to be the only ones who can do these tasks.

Same situation exists in the alcohol distributorship in the state. People creating legislature to make them a lot of money.

[kb4ns]

Just a note too 62-11-113 says it law enforcement agencies are not supposed to offer locksmithing services (unlock your car door) whether they charge or not.

Is it just me, or does this seem to contradict 62-11-113?

62-11-105. Exclusions from requirements of chapter

(a) The following persons, firms, partnerships, associations or corporations not offering any other locksmithing services are specifically excluded from the requirements of this chapter:

(1) An individual property owner or the owner's agent installing locks or assisting in a lock-out situation without compensation on the owner's property, public or private;

(2) Property owners or their agent maintaining a file of key cutting data for a master key system for their property;

(3) Persons, sole proprietorships, partnerships, associations or corporations having and using key machines and key blanks for their own use;

(4) Retail stores or catalog sales not offering locksmithing services nor selling locksmithing tools or retail stores that offer rekeying or key duplication services on the business premises of retail stores;

(5) Locksmith trade publications or equipment manufacturers or distributors not providing direct locksmithing services to the public;

(6) Contractors licensed under chapter 6 of this title providing direct sales or installation of lock hardware, but who derive less than twenty-five percent (25%) of their gross annual revenue from that business;

(7) Architects and engineers not providing direct sales, adjustment or installation of locks;

(8) New or used motor vehicle dealers;

(9) Emergency service vehicles, for the sole purpose of towing a motor vehicle or allowing the owner entry into a vehicle when the owner is locked out of the vehicle;

(10) A bank, savings and loan association, trust company or employee of a bank, savings and loan association or trust company providing services in connection with safe deposit box, vault or safekeeping activities of the financial institution; and

(11) Federal, state or local law enforcement agents or fire and rescue personnel performing openings in their official line of duty.

( Nothing in this chapter shall prevent any previously licensed locksmith, the agent of an incapacitated locksmith or the personal representative of the estate of a deceased locksmith from transferring locksmithing tools and supplies by sale or gift to anyone licensed under this chapter or to anyone exempted from this chapter.

[Acts 2006, ch. 885, § 6; 2007, ch. 526, § 6.]

It just say LE / Fire personnel performing openings in the line of duty. Says nothing about "emergencies". If an agency has a policy that they'll assist people in opening their car doors when requested to do so, then it would be in the LEO's "official line of duty".

Edited June 6, 2010 by kb4ns

[Fallguy]

Is it just me, or does this seem to contradict 62-11-113?

It just say LE / Fire personnel performing openings in the line of duty. Says nothing about "emergencies". If an agency has a policy that they'll assist people in opening their car doors when requested to do so, then it would be in the LEO's "official line of duty".

Although it doesn't say "emergencies" I always thought that is what it meant.

All I know shortly after this passed I locked my keys in my car and was told by the local PD they could not unlock it for me.

[kb4ns]

Like 56FordGuy said, due to increasing liability issues, most departments (mine included) have long done away with routine lockout services. I prefer not to do it anyway. I can't believe that out of all the vehicles I opened in the past, I never effed up a car. It would have been a matter of time though.

It seems that they could have made the law a little clearer regarding their intentions, though.

[Guest boatme99]

This is true...except in emergency situations.

Both Smyrna PD and Rutherford Co still do courtesy "lock outs." When I brought this up to a friend who is pretty high ranking in one of these agencies, he said "We're still going to do them anyway."

Smiff Co. too.

[Guest Todd@CIS]

Although it doesn't say "emergencies" I always thought that is what it meant.

It doesn't, but you're right.

A forced entry during an emergency would fall under "exigent circumstances." Plenty of case law on this.

"Thatguy" is right.