In Ohio, If someone has a personal lock which needs to be opened for which they have lost the key, is it illegal to possess lock picking tools?

Question

For easier reference, here is Ohio law on the subject:

https://law.justia.com/codes/ohio/2011/title29/chapter2923/section2923-24/

It would appear to violate B2, but I am curious how a locksmith would operate legally under the same conditions.

Answer 1

Note that an essential element of the offense here is "with purpose to use it criminally."

The specifications in B allow a presumption of such purpose, but such a presumption is rebuttable.

The tools of a locksmith are somewhat different from those of a criminal "cracksman", I understand, and would probably not be considered "designed or specially adapted for criminal use". But even if they were, proof of regular employment as a locksmith would tend to rebut the presumption of criminal intent.

Possession of tools with the intent of lawfully opening one's own lock would not be criminal intent, but a judge or jury might not be convinced of that.