Penal Code 466 makes it a misdemeanor to possess burglary tools — a picklock, a screwdriver, pliers, a slim jim — with the intent to break into a building, vehicle, or vessel.
Because those tools are ordinary and legal to own, the case turns entirely on intent.
What PC 466 Says
PC 466 covers possessing tools — a picklock, crowbar, screwdriver, vise-grip or water-pump pliers, slim jim, lock-pick gun, bump key, and similar items — with the intent to feloniously break or enter. The statute also reaches making or altering keys to fit a lock without authorization. The tools themselves are legal; the intent is the crime.
Penalties
PC 466 is a misdemeanor carrying up to six months in county jail and/or a $1,000 fine.
Defenses
- No intent to break in. The core defense. A contractor, a locksmith, a mechanic, or anyone with a lawful reason for the tools lacks the required intent.
- Innocent possession. Tools in a work bag or a car trunk are not evidence of a plan to burglarize.
- Unlawful search. If the tools were found through an illegal search, a motion to suppress under PC 1538.5 can end the case.
- Judicial diversion (PC 1001.95) may resolve an eligible case without a conviction.
Frequently Asked Questions
Is it illegal to own burglary tools in California?
The tools themselves — screwdrivers, pliers, lock picks — are legal to own. PC 466 only makes it a crime to possess them with the specific intent to feloniously break into a building, vehicle, or vessel. Without that intent, there is no offense.
Is PC 466 a felony or a misdemeanor?
Possession of burglary tools under PC 466 is a misdemeanor, carrying up to six months in county jail and/or a $1,000 fine.
What is the main defense to a PC 466 charge?
No intent to break in. Because the tools are ordinary and legal, the prosecution has to prove you intended to use them to burglarize. A lawful reason for having the tools — work, a trade, a genuine need — defeats the charge.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Because everyday tools are legal, PC 466 lives or dies on intent. Tell me what happened and I'll tell you where the case is soft.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com