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HeyBub[_3_] HeyBub[_3_] is offline
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Default Abusive padlock tests

wrote:
On Thu, 08 Jul 2010 06:29:38 -0400, Jim Elbrecht
wrote:

On Wed, 7 Jul 2010 21:08:36 -0700 (PDT), Larry Fishel
wrote:

On Jul 7, 2:52 pm, "Steve B" wrote:
We are an agent and assign of the management company, so legally
have permission and access to anything on the property.

Have you checked your local laws? Here in Florida, regardless of
permission or even if you're opening your own house, possession of
lock picks is illegal unless you're actually a locksmith... (I don't
remember the exact language, but it's pretty restrictive.)


It is called 'possession of burglar's tools' in New York.

Here's the wording for FL [all other state on this page;
http://www.lockpickguide.com/legalityoflockpicks.html ]
"Section 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 of the third degree, punishable
as provided in s. 775.082, s. 775.083, or s. 775.084. "

Jim


Read it again.

A baseball bat is a deadly weapon if you use it as a weapon or
threaten someone with it. A screw driver is a burglar toll in some
contexts and situations.


Correct.


Intent (or use) is everything.

Dentists have drawers full of lock picking tools.


No he doesn't. He has a drawer full of medical instruments.


My garden shed is full of deadly weapons.


Probably not (I don't know what you have in your garden shed). You probably
have a shed full of tools.


The tire iron in my car? Depends on whether I use it to change a tire
or whack somebody with it.


Yes, but....

A truncheon is a deadly weapon per se - a baseball bat is not. A Bowie Knife
is a deadly weapon in and of itself without regard to its use - a carving
knife is not. A three-foot length of 3/4" wire rope is not a deadly weapon,
until you wrap one end with friction tape.

In these cases, the intent of the manufacturer (or modifier) determines the
classification. When you USE a tire iron to beat someone it BECOMES a deadly
weapon. A pair of brass knuckels is ALWAYS a deadly weapon.

It's a small, but crucial, difference. It is against the law in most
jurisdictions to carry a night stick or truncheon in your car or on your
person. Carrying a pony-league baseball bat is always legal.