An Overview of Maryland Stun Gun Statutes
Stun guns are legal to buy and own in Maryland. However, as is the case for most weapons in the state, they must be carried openly with a permit to use them in public or they need to be transported in the trunk of the vehicle if being moved from one place to another. The courts do recognize exceptions for non-violent ex-felons who may be able to obtain a permit.
Maryland law does impose restrictions on stun guns that manufacturers and retailers must follow when selling these weapons in the state. For instance, under Maryland Commercial Law Code 12-112(a)(1) , manufacturers and retailers are only allowed to sell stun guns that:
Subtitle 12-1 defines "stun weapons" as any device that "incapacitates, injures or kills an individual by administering an electrical charge" and that produces an electric current of 1,000 volts or more.
A stun gun may not be manufactured, sold or distributed in the state of Maryland unless the manufacturer, seller or distributor files a registration statement with the sheriff of each county in which it will be sold or distributed. This must be done at least 30 days before any stun gun is first sold, transferred, leased or distributed in Maryland.
Exceptions and Special Circumstances
Stun guns in the hands of underage individuals are generally prohibited. Those under 18 cannot use or possess stun guns and tasers. A minor (defined as anyone under the age of 18) can carry stun guns and tasers in public if they have a permit from the Secretary of State Police. Minors also cannot own a stun gun or taser unless a parent/guardian buys and registers it in their name. Minor children, therefore, cannot own stun guns or tasers in Maryland.
Any minors under the age of 16 cannot carry an electronic device in public. However, if an individual has a valid permit from the Secretary of State Police, a minor aged 14 to 16 may obtain permission to carry these devices.
Stun guns and tasers and other electronic weapons that could cause serious harm to another person are illegal for use on public school property of any kind, such as schools, playgrounds, and daycare facilities. Whether one faces concussion or death, the legality of this area may be called into question if he or she uses a taser in the wrong location or to the wrong intended target.
Consequences of Possession
Violations of Maryland stun gun law can carry a fine and/ or jail time. Maryland law prohibits anyone from possessing a stun gun if they are a convicted felon or have a crime of violence on their criminal record. A violation can lead to a charge of "wearing, carrying, or transporting a handgun." This is a relatively high-level criminal charge. It is a misdemeanor in Maryland punishable by up to 3 years in jail and/or $1,000 in fines.
An exception is a person who carried a stun gun to an event including a parade, demonstration, or protest and caused no physical harm whatsoever to any other person. That person could not be found guilty of an offense unless he or she has two or more prior convictions for wearing, carrying, or transporting a handgun. Other exceptions include people with certain licenses, permits or certifications, including: Finally, possession of a stun gun for manufacturing, distributing, or selling purposes is a felony punishable by up to 4 years in prison and $5,000 in fines. Prohibitions on the Possession and Open Carry of Stun Guns Until October 1, 2013, an adult could not carry a concealed shock weapon (such as a stun gun) in public. However that was lifted, since the Maryland Court of Appeals ruled in 2012 that it was unconstitutional to prohibit the carrying of a weapon in public. Unless that ruling is overruled by the U.S. Supreme Court, then an adult can openly carry a stun gun in public. Places where stun guns may be prohibited include public schools, correctional facilities, polling places, government and private property, amusement parks, sports stadiums, and more.
Comparison to Other Weapons
Maryland law is relatively nuanced when it comes to self-defense weapons. In fact, it can be hard to keep all of the non-lethal and lethal options straight. This section offers a brief comparison of stun guns to other weapons you may consider for self-defense.
Stun guns are similar to Tasers in that they can both incapacitate an attacker with an electric current. However, there is one key difference between the two. Tasers are technically "barbed launchers" that stick into a person’s skin. Their design allows them to shoot out an electric current from a distance, even if the current still works in much the same way as that of a stun gun. Both weapons are legal to own in Maryland. However, Tasers are prohibited for purchase in Baltimore City.
Pepper sprays , or mace, are also legal to own in Maryland. They typically come in larger containers, often with a nozzle equivalent to that of a kitchen hose. This feature makes pepper sprays much more dangerous than stun guns, especially to a child or someone who has a heart condition. These weapons release a fine spray of aerosolized chemical compounds. Whereas a stun gun needs a direct line of contact to incapacitate, pepper spray can be deployed from a distance of many feet. It takes longer to recover from pepper spray – as much as half an hour, depending on the situation. In Maryland, it is not illegal for anyone to own pepper spray as long as the canister does not hold more than 3.2 ounces of the spray. Retailers can sell pepper spray to adults 18 and over.
Case Law Prevailing on the Subject
Maryland has seen its share of legal cases involving stun guns, many of which have gone to the appellate courts.
One notable case involved Keith Jay Lyons, who was convicted of possession of a stun gun. The court heard the case in 1997. On appeal to the Court of Special Appeals of Maryland, Lions argued that the stun gun was not regulated by law at the time of his arrest. His case, though, was examined under regulations adopted by the Maryland Secretary of Health and Mental Hygiene after his arrest. Thus, his rights were not violated.
Here, Lyons sought to challenge the constitutionality of the law banning stun guns, but the court responded by stating he could not challenge a law under which he had not been charged, and even if he could, it was constitutional. The court further stated that the law was not vague and did not violate the second amendment.
In another case, State of Maryland v. Brian J. Rosenfeld, the Court of Appeals of Maryland addressed the issue of whether possession of a stun gun is punishable under state law. In this case, it ruled it is not. Again, the definition of a "stun gun" was examined in regard to the issue of whether the prohibition of tranqillizers containing certain drugs applies to all types of stun guns or just to those that utilize this type of drug. The court, however, stated that the type of stun gun was irrelevant because a definition broadly including all such devices should prevail.
In State of Maryland v. Gary E. Campbell, the court again heard the case of whether a type of stun gun could be interpreted as a weapon. (Some models are actually not considered firearms, but may still be banned.) The court ruled that the stun gun was not a firearm.
Each of these legal cases and outcomes played an important role in establishing the legal climate disentangling the implications of the legal ban on certain types of stun guns.
Where to Find More Information
The legal landscape in Maryland surrounding weapons such as stun guns is continually evolving. Readers should keep track of any changes in laws, court decisions and proposed legislation. Some recommendations include subscribing to reputable blogs and newsletters that cover gun law issues in addition to monitoring news sources from time to time to stay up to date . The National Rifle Association and Gun Owners of America both have second amendment watchdogs who keep track of legal developments nationwide. In addition, the Maryland General Assembly has a website where you can track pending legislation and proposed laws. If there is proposed legislation on stun guns, it will be there. Of course, if you have questions on this or any other legal issue, always consult an experienced Maryland criminal defense attorney to stay informed and protected.
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