§ 38-4-10. Possession of burglar's tools.

(a)

Any person who shall knowingly have in his possession or control any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical or substance, adapted and designed for cutting or burning through, forcing or breaking open any building, room, vault, safe, motor vehicle, motor vehicle trunk or glove compartment, or other depository, or for starting the engine of a motor vehicle or driving away a motor vehicle without the regular key, in order to steal any money or other property, knowing the same to be adapted and designed for one or more of the purposes aforesaid, with intent to use or employ the same for one or more of the purposes aforesaid, shall be guilty of a misdemeanor.

(b)

For the purposes of this section, if it is established that any person had in his or her possession or control a vehicle repair tool commonly referred to as a knocker set, a slammer, or a puller, consisting of a shaft with a screw attached thereto and a weighted sleeve that slides on such shaft, outside the curtilage of his own domicile and outside the curtilage of a garage or repair shop where he was employed, it shall be presumed that such person intended to use such vehicle repair tool for the purpose of driving away a motor vehicle. Such presumption may be rebutted by proof that such vehicle repair tool was in transit from one place to another and was essential for the possessor's employment, or that the possession was intended for a lawful purpose.

(Code 1964, § 39-1-10)

State law reference

Possession of burglar's tools, MCL 750.116, MSA 28.311.