California Penal Code §466 — Possession of Burglary Tools
PC §466 punishes possession of enumerated burglary tools — picks, slim jims, master keys, tension bars, lock-picking devices, tubular lock picks — with intent to break and enter. Possession is a misdemeanor carrying up to 6 months in county jail and a $1,000 fine. The most-litigated element is intent: mere possession of a tool that has lawful uses (locksmith kit, tow truck slim jim) is not enough without proof of felonious intent.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Possession of Burglary Tools Cases in All LA County Courts
01 — Quick Facts
PC §466 — Possession of Burglary Tools at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §466 — Possession of Burglary Tools |
| Code Type | Penal Code (PC) |
| Classification | Misdemeanor |
| Penalty | Up to 6 months county jail + $1,000 fine |
| Enumerated Tools | Picks, jimmy, slim jim, tension bar, master key, tubular pick, cutting torch, etc. |
| Required Intent | Feloniously break or enter |
| Strike | No |
| Moral Turpitude | Yes — CIMT for immigration |
| Probation | Available — up to 3 years informal |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §466?
What Is California Penal Code §466?
PC §466 Reads:
"Every person having upon him or her in his or her possession a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces, or other instrument or tool with intent feloniously to break or enter into any building, railroad car, aircraft, or vessel, trailer coach, or vehicle ... is guilty of a misdemeanor."
— California Penal Code §466
PC §466 criminalizes possession of enumerated burglary tools coupled with intent to break and enter. The statute lists specific tools — picks, crows, jimmies, slim jims, tension bars, tubular picks, bump keys, floor-safe pullers, master keys, and ceramic spark plug chips. Possession alone is not enough; the People must prove specific felonious intent.
The Intent Element Is Everything
Locksmiths, tow truck operators, security professionals, and lock-sport hobbyists all lawfully possess tools listed in §466. The distinguishing feature is not the tool but the intent — People v. Southard (2007) confirms that intent must be proven separately and specifically.
PC §466 — Possession w/ Intent
Possession of enumerated tool WITH felonious intent to break/enter. Misdemeanor, up to 6 months jail.
PC §459 — Burglary
Actual entry into a building with intent to commit theft or a felony inside. Wobbler or felony with strike potential.
Why §466 Matters Beyond the Sentence
PC §466 is a crime of moral turpitude, creating deportation exposure for non-citizens and background-check consequences for employment, professional licensing, and housing. Rubin Law, P.C. focuses on the intent element and on plea alternatives (PC §602 trespass, PC §647(f) public intoxication) that do not carry CIMT status.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §466
To convict under PC §466, the prosecution must prove each of the following elements beyond a reasonable doubt.
You Possessed an Enumerated Burglary Tool
The tool must be one of those enumerated in the statute — picks, crows, jimmies, slim jims, tension bars, tubular picks, bump keys, floor-safe pullers, master keys, spark plug chips, or 'other instrument or tool' capable of forcing entry.
You Had Specific Intent to Feloniously Break or Enter
Under People v. Southard (2007) 152 Cal.App.4th 1079, the People must prove specific intent to break or enter at the time of possession. Speculative or presumed intent is insufficient — direct or strong circumstantial evidence is required.
You Knew You Possessed the Tool
Knowledge is required. Tools in a shared vehicle, in a family member's toolbox, or in a bag received from another person raise legitimate knowledge defenses.
04 — Penalties
Penalties for PC §466 Possession of Burglary Tools in California
PC §466 is a straight misdemeanor. Related felony charges (§459 burglary, §487 grand theft) are frequently filed concurrently.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Possession of Burglary Tools | PC §466 | Up to 6 months county jail | Yes — up to 3 years informal | No |
| PC §466 + PC §459 Attempt | PC §664 / §459 | Up to 3 years (felony) | Available | Yes if 1st-degree |
| PC §466.5 — Vehicle Master Key | PC §466.5 | Up to 1 year county jail | Yes | No |
| PC §466.7 — Motor Vehicle Master Key by Locksmith | PC §466.7 | Up to 1 year | Yes | No |
Related Charges That Often Accompany §466
Attempted Burglary
PC §664 / §459
When possession is coupled with evidence of a specific target or overt act toward entry — filed as attempted burglary.
Conspiracy to Commit Burglary
PC §182 / §459
Two or more persons agreeing to commit burglary — 3, 4, or 6 years state prison.
Vehicle Master Key Possession
PC §466.5
Separate enhanced charge for possessing motor vehicle master key with intent.
Prior Theft Conviction
PC §666
Petty theft with a prior conviction elevates §466 companion charges.
Gang Enhancement
PC §186.22
Gang-motivated possession adds 1 year for misdemeanor filing.
Beyond the Sentence
- Crime of moral turpitude — deportation exposure for non-citizens
- Locksmith license consequences — mandatory Bureau of Security disclosure
- Security guard license consequences
- Employment background-check disqualifier
- Housing consequences with landlord background checks
- Public record — visible on all rap sheets
- 10-year firearm prohibition if paired with certain other convictions
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §466 Possession of Burglary Tools Charges
PC §466 turns on intent. Rubin Law, P.C. attacks the intent element and drives plea alternatives that avoid CIMT designation.
No Felonious Intent — Lawful Purpose
Possession by a locksmith, tow-truck operator, security professional, or lock-sport hobbyist with a legitimate purpose is a complete defense.
People v. Southard / CALCRIM 1750
Ambiguous Circumstantial Evidence
When intent evidence is purely speculative — mere presence near a location, unrelated statements — the intent element fails. People v. Southard controls the standard.
People v. Southard
Tool Not Enumerated
Common tools (screwdriver, pliers) are only §466 tools when paired with clear intent evidence. Attacking tool classification is a viable defense.
PC §466
Third-Party Possession / No Knowledge
Tools in a shared vehicle, borrowed bag, or family toolbox raise legitimate knowledge defenses. Fingerprints and DNA on the tool are dispositive.
CALCRIM 2511
Suppression / Fourth Amendment
Warrantless vehicle searches, expanded stop scope, and pretextual inventory searches frequently yield §466 evidence subject to PC §1538.5 suppression.
PC §1538.5 / Rodriguez
Plea to PC §602 Trespass or §415
PC §602 trespass and PC §415 disturbing the peace are NOT crimes of moral turpitude. Plea alternatives preserve immigration status and licensing.
PC §602 / §415
Diversion — PC §1001.95
First-offense §466 frequently qualifies for judicial diversion — case dismissed after program with no conviction.
Constitutional Sources
07 — Court Process
How PC §466 Possession of Burglary Tools Cases Move Through Los Angeles Courts
PC §466 cases proceed through the misdemeanor track.
- 1
Step 1 — Investigation / Search
Most §466 cases begin with a traffic stop, consent search, or after-hours patrol contact. Officers seek voluntary interviews and consent searches — do not consent.
- 2
Step 2 — Arraignment
Misdemeanor charges filed. Bail typically $2,500–$10,000; frequently released on OR (own recognizance).
- 3
Step 3 — Motion Practice
PC §1538.5 suppression is the primary defense weapon. Discovery motions on the intent evidence frame the trial.
- 4
Step 4 — Plea Negotiation
Pre-trial negotiation for a non-CIMT plea (PC §602, §415) is often the highest-value outcome. First-offense diversion available.
- 5
Step 5 — Diversion Track
PC §1001.95 judicial diversion — case dismissed after program (community service, no new offenses).
- 6
Step 6 — Trial
Bench or jury trial available. Intent defense is often trial-determinative — Southard-standard specific intent.
Los Angeles Courts That Handle PC §466 Possession of Burglary Tools Cases
PC §466 cases are filed in the courthouse serving the location of the arrest.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Possession of Burglary Tools Defense Attorney
Daniel S. Rubin has defended clients charged with possession of burglary tools and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §466 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Possession of Burglary Tools Cases Throughout LA County
09 — FAQs
PC §466 Possession of Burglary Tools Questions — Los Angeles
Is possession of burglary tools a felony?
No — PC §466 is a misdemeanor carrying up to 6 months county jail. However, when the tools are found in the context of an attempted or completed burglary, the People typically file §459 (burglary) or §664/§459 (attempted burglary) as felony charges alongside §466.
Can I be convicted for just carrying a screwdriver or slim jim?
No. Mere possession is not enough — the People must prove specific intent to feloniously break or enter. Under People v. Southard (2007) 152 Cal.App.4th 1079, intent evidence must be specific and not merely speculative. Locksmiths, tow-truck operators, security professionals, and lock-sport hobbyists lawfully possess these tools every day.
What are 'enumerated' burglary tools?
PC §466 specifically enumerates: picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips, and 'other instrument or tool.' The 'other' category is fact-driven.
Is §466 a deportable offense?
Yes. Possession of burglary tools is a crime of moral turpitude — deportable and inadmissible for non-citizens. A plea to PC §602 trespass or PC §415 disturbing the peace (both NOT CIMTs) preserves immigration status.
Can §466 be diverted or dismissed?
First-offense §466 frequently qualifies for judicial diversion under PC §1001.95 — case dismissed after program completion, no conviction, no CIMT designation. Rubin Law, P.C. pursues diversion aggressively for every eligible client.
What is the difference between §466 and PC §459 burglary?
PC §459 requires actual entry into a structure with intent to commit theft or a felony inside — a wobbler or felony with strike potential. PC §466 punishes possession of the tools of burglary BEFORE entry with intent to burgle — always a misdemeanor. Concurrent filing of both is common.
Does my locksmith or security license survive a §466 conviction?
A §466 conviction generally requires disclosure to the Bureau of Security and Investigative Services and can support license suspension or revocation. However, a diversion resulting in dismissal, or a plea to a non-crime-of-dishonesty alternative, often preserves licensing. Every plea decision should be made with the license consequence in view.
Should I consent to a vehicle search if an officer suspects burglary tools?
No. Politely decline consent to search. Say, 'I do not consent to any search of my vehicle or belongings.' Officers may still search if they have probable cause or an exception, but your denial preserves suppression avenues under PC §1538.5. Consent waives your Fourth Amendment protections entirely.
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Charged With Possession of Burglary Tools Under PC §466?
§466 is a misdemeanor — but it's a crime of moral turpitude with real employment, licensing, and immigration consequences. Call Rubin Law, P.C. before your first appearance.