March 12, 2001, 03:47 PM
Can anyone tell me if Police Batons and Stun Guns are illegal or legal in Maryland, or how to find out.
Any help will be appreciated.
March 12, 2001, 10:47 PM
Article 27, § 36. of the Maryland Statutes:
Article - Crimes and Punishments
Link to state website: http://mlis.state.md.us/cgi-win/web_statutes.exe?g27&36
(a) (1) Every person who shall wear or carry any dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, nunchaku, or any other dangerous or deadly weapon of any kind, whatsoever (penknives without switchblade and handguns, excepted) concealed upon or about his person, and every person who shall wear or carry any such weapon, chemical mace, pepper mace, or tear gas device openly with the intent or purpose of injuring any person in any unlawful manner, shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than $1,000 or be imprisoned in jail, or sentenced to the Maryland Department of Correction for not more than three years.
(2) In case of a conviction under the provisions of this subsection, if it shall appear from the evidence that such weapon was carried, concealed or openly, with the deliberate purpose of injuring the person or destroying the life of another, the court shall impose the highest sentence of imprisonment prescribed.
(3) In Cecil, Anne Arundel, Talbot, Harford, Caroline, Prince George's, Montgomery, St. Mary's, Washington, Worcester, Kent, and Baltimore Counties it shall also be unlawful and a misdemeanor, punishable as provided in paragraph (1) of this subsection, for any person under eighteen years of age to carry any dangerous or deadly weapon, other than a handgun, between one hour after sunset and one hour before sunrise, whether concealed or not, except while on a bona fide hunting trip, or except while engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.
(b) (1) Except as provided in subsection (f) of this section, a minor may not possess pepper mace, either openly or concealed.
(2) A person who violates this subsection is guilty of a misdemeanor and on conviction shall be subject to a fine of up to $1,000 or imprisonment for up to 3 years or both.
(c) As used in this section, a "star knife" is a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.
(d) As used in this section, a "nunchaku" is a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather or other flexible material not exceeding 24 inches in length.
(e) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products and is also known as oleoresin capsicum (o.c.) spray.
(f) Nothing in this section shall be construed to prevent the carrying of any of the weapons mentioned in subsections (a) and (b) of this section by:
(1) An officer of this State, or of any county or city, who is entitled or required to carry such weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry such weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of some other state temporarily sojourning in this State;
(2) Any special agent of a railway;
(3) Any person to whom a permit to carry a concealed weapon has been issued under § 36E of this article; or
(4) Any person who shall carry such weapon as a reasonable precaution against apprehended danger, but the tribunal before which any case arising under the provisions of this section may be tried, shall have the right to judge of the reasonableness of the carrying of any such weapon, and the proper occasion therefor, under the evidence in the case.
1) There is almost no chance of convincing a judge in the PRM that you had a reasonable apprehension of danger.
2) MD carry permits do allow you to carry concealed weapons other than firearms. Of course, you pretty much have to work for the state Government in MD, or be a doctor, lawyer or business owner to ever have a chance to get a carry permit.
Oh, and before you start swearing a blue streak over the mess of anti-self-defense statutes in Maryland, take heed of:
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