Picks are legal by statute

Picks are legal due to lack of any substantial statute

Laws are ambiguous and specific context should be considered

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.

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.

§ 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.

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.

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.

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.

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.

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.

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

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.")