Possession of Burglary Tools (Penal Code § 466) in California

Everyday Tools Can Lead to Criminal Charges If Police Believe You Intended to Commit a Burglary.

California law takes a strict stance against burglary and theft-related crimes—and in some cases, just possessing certain tools can be enough to face criminal charges. Under Penal Code § 466, it is a misdemeanor to possess burglary tools with the intent to use them to commit a break-in or theft.

What surprises many people is how broad this law can be. Common household items like screwdrivers, pliers, or wrenches can become the basis for a charge if prosecutors argue you intended to use them unlawfully.

At The Nieves Law Firm, we understand how possession of burglary tools cases often hinge on assumptions and circumstantial evidence. Here’s what you need to know about the law, the penalties, and the defenses that may apply.

What Does Penal Code § 466 Prohibit?

California Penal Code § 466 makes it a misdemeanor for anyone to:

• Possess tools such as picklocks, crowbars, screwdrivers, pliers, lock pick guns, bump keys, or even ceramic spark plug chips with the intent to break into a building, vehicle, or other structure.
• Make, alter, or repair such tools with the knowledge or belief that they will be used to commit a crime.
• Attempt to make or alter keys or devices to open locks without authorization.

Importantly, the statute covers more than just traditional “burglary tools.” Even a master key, a piece of ceramic from a spark plug, or other improvised items can qualify if prosecutors believe you intended to use them unlawfully.

Key Language in the Statute

The law specifically requires intent to use the tools to commit a felony or misdemeanor. Simply owning tools or carrying them is not illegal. The prosecution must connect your possession to an intent to commit burglary, theft, or another unlawful act.

Related Statutes on Burglary Tools

California has expanded the scope of tool-related offenses through related statutes, including:

• PC § 466.1 – Selling or providing lock picks, lock pick guns, or similar devices without proper documentation is a misdemeanor.
• PC § 466.3 – Possessing tools intended to break into coin-operated machines (like vending machines or parking meters) with intent to steal is a misdemeanor.
• PC § 466.5 – Possessing or using a motor vehicle master key with unlawful intent is a misdemeanor.
• PC § 466.65 – Possessing devices to bypass motorcycle ignitions or using tools like bolt cutters with intent to steal a motorcycle is a misdemeanor.
• PC § 466.7 & 466.8 – Making or possessing unauthorized keys for vehicles or residences can also lead to criminal charges.

Together, these statutes show how California law criminalizes not only burglary itself, but also the tools and preparation associated with it.

What Counts as a Burglary Tool?

The list of burglary tools under PC § 466 is broad. Some examples include:

• Crowbars
• Screwdrivers
• Pliers and vise grip pliers
• Lock pick sets and bump keys
• Spark plug chips (used to shatter car windows)
• Slide hammers or slim jims
• Floor-safe door pullers
• Tension bars and tubular lock picks

The reality is that many of these items are ordinary tools that have lawful uses. That’s why intent becomes the central issue in most cases.

Penalties for Possession of Burglary Tools

Possession of burglary tools under PC § 466 is a misdemeanor in California. Potential penalties include:

• Up to 6 months in county jail
• Fines of up to $1,000
• Summary (informal) probation
• A permanent criminal record

Because it is a misdemeanor, judges may consider alternatives to jail, such as probation, community service, or diversion programs. However, repeat offenders or cases tied to burglary or theft attempts are often treated more harshly.

How Prosecutors Prove Possession of Burglary Tools

To secure a conviction, the prosecution must prove:

1. You possessed one or more burglary tools;
2. You had the specific intent to use the tool(s) to commit burglary, theft, or another crime; and
3. The tools fit within the statute’s broad definition.

The intent requirement is what makes these cases highly fact-specific. Simply carrying tools is not enough—the state must prove you intended to use them unlawfully.

Common Scenarios Leading to Charges

Possession of burglary tools charges often arise in situations like:

• A person is stopped late at night with a screwdriver and crowbar in their car.
• Someone is found near a parked vehicle with a slim jim or spark plug chips.
• An individual is carrying lock-picking tools without being a licensed locksmith.
• Police find “modified” keys or items that could be used to break locks during a search.

In many of these cases, the charge is based as much on the circumstances (time, place, or behavior) as it is on the tools themselves.

Defenses to Possession of Burglary Tools Charges

At The Nieves Law Firm, we know how important it is to challenge the assumptions behind these cases. Common defenses include:

1. No Intent to Commit a Crime

Having a screwdriver, wrench, or pliers is not a crime in itself. If you had the tools for legitimate purposes—such as car repair or construction—there may be no unlawful intent.

2. Lack of Knowledge

If you didn’t know the tools were in your possession (for example, borrowed a car containing them), the state may struggle to prove your guilt.

3. Unlawful Search and Seizure

If the police discovered the tools during an illegal stop, search, or seizure, evidence may be suppressed under the Fourth Amendment.

4. False Allegations or Misunderstanding

In disputes or arrests involving multiple people, police may wrongly attribute possession or intent to the wrong individual.

5. Insufficient Evidence

If prosecutors cannot prove you intended to use the tools for burglary rather than lawful purposes, the charge may not hold up.

Why These Charges Matter

Some people may see possession of burglary tools as a “minor” misdemeanor. But the reality is different:

• A conviction creates a permanent criminal record that shows up in background checks.
• It can be used to enhance penalties in future burglary or theft cases.
• Noncitizens may face immigration consequences, since theft-related offenses can trigger deportability.
• Employers and landlords often view these charges as serious, even if no burglary occurred.

This is why a strong defense strategy is critical.

How The Nieves Law Firm Can Help

We approach possession of burglary tools charges with the same rigor we apply to more serious felonies. Our team:

• Investigates the circumstances of the arrest and the alleged tools
• Challenges whether the prosecution can prove unlawful intent
• Raises constitutional issues when police overstep their authority
• Negotiates for dismissals, reductions, or alternative sentencing when appropriate

At The Nieves Law Firm, we know that context matters. A set of tools does not make you a criminal—and we fight to ensure the law is applied fairly.

Accused of Possessing Burglary Tools? Take Action Now.

If you or someone you love has been charged under Penal Code § 466, don’t assume it’s just a minor case. Prosecutors take these charges seriously, and a conviction can affect your record and your future.

Call The Nieves Law Firm today or request a consultation online. We’ll review your case, explain your options, and fight for the best possible outcome.