In Canada it is, but the juries won't ever give a verdict, so far. Forcing the whole case to flop because it just won't go through. It is one of those laws that just kinda dies.
But in the U.S. I think it is state by state.
A tool is a tool regardless. I mean if you suck, you suck, and not even the most perfect tool could save you. And if your damn good then even with the worst tool ever conceived you could chug out some high quality shit.