is it legal to carry pepper spray in MD?

[l730dc]

I know its not pc to say this amymore, but... thats ****ing gay

 

[mcbruzdzinski]

and if you read further:

"(b) Exceptions for certain individuals.- This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) Prohibited.-

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner. "


Carrying a concealed canister of pepper spray in Maryland is not automatically against the law; there are times when it's illegal, and there are times when you won't be criminally charged for carrying or using it. What makes the difference is the circumstances under which you're doing so.

 

[white rabbitt]

WHat about a pepper spray device the size of a baseball bat ?

 

[l730dc]

and if you read further:

"(b) Exceptions for certain individuals.- This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) Prohibited.-

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner. "


Carrying a concealed canister of pepper spray in Maryland is not automatically against the law; there are times when it's illegal, and there are times when you won't be criminally charged for carrying or using it. What makes the difference is the circumstances under which you're doing so.

Thanx for posting what was left out of the previous post!

 

[Blackstar65]

and if you read further:

"(b) Exceptions for certain individuals.- This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) Prohibited.-

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner. "


Carrying a concealed canister of pepper spray in Maryland is not automatically against the law; there are times when it's illegal, and there are times when you won't be criminally charged for carrying or using it. What makes the difference is the circumstances under which you're doing so.

Thanks for posting the rest.

 

[AC MkIII]

Thanks for the info.
So MD has a sign at the boarders "Welcome all criminals. Our citizens are disarmed of anything to stop your attack on them. " The Governor

 

[Docster]

Like many laws, it is purposely vague to allow discretion on the part of judges and law enforcement. In a few instances, that discretion however may be lost and the user must pay the legal fees to prove innocence.

That does not keep me from carrying pepper spray however.

 

[Threeband]

Dang, I just remembered I'm signed up for the Sabre class on Wednesday. At least I think I am.
Are you sending out confirmations, Mike?

 

[willythewhale]

"Carrying a concealed canister of pepper spray in Maryland is not automatically against the law; there are times when it's illegal, and there are times when you won't be criminally charged for carrying or using it. What makes the difference is the circumstances under which you're doing so." so when is it ok to carry it?

 

[556ready]

What is the best pepper spray?

Saber Red with crossfire tech.

 

[rico903]

I am looking into offering the SABRE CSAP class at the AGC in July. More than likely it will be a evening class (6PM-9PM) during the week.

I'd be int in that.

 

[rico903]

and if you read further:

"(b) Exceptions for certain individuals.- This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) Prohibited.-

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner. "


Carrying a concealed canister of pepper spray in Maryland is not automatically against the law; there are times when it's illegal, and there are times when you won't be criminally charged for carrying or using it. What makes the difference is the circumstances under which you're doing so.

How about a folding knife. Does it have to be exposed with a clip or can it be carried in a pocket?

 

[mcbruzdzinski]

Dang, I just remembered I'm signed up for the Sabre class on Wednesday. At least I think I am.
Are you sending out confirmations, Mike?

Threeband you are confirmed...in fact you are the only attendee so far.

I think I indicated in my original post that I rarely offer this class as it never been well attended.

It usually winds up being just my instructors and 2-4 students.

 

[Threeband]

Perhaps it needs more advertisement.

 

[mcbruzdzinski]

Perhaps it needs more advertisement.

I posted it here on several forums and at the SABRE site. We also posted at a few of the gun stores locally and on some of the community bulletin boards at the local grocery store chains.

 

[roberev]

I know that this is an old thread, but the discussion of Maryland law seems to be missing an important observation. For those whose Google searches lead them to this thread, I think that this need to be addressed, even if belatedly.

The definition of "Weapon" in Crim Law § 4-101 does not include "Pepper Mace" (or o.c. spray). "Pepper spray" has its own definition and only appears again in Paragraph (c)(2). There is no proscription against concealed carry of o.c spray, regardless of intent or purpose. (On this point, I respectfully disagree with mcbruzdzinski's observation). The only proscription is against open carry of o.c. spray "with the intent or purpose of injuring an individual in an unlawful manner" in Paragraph (c)(2).

Paragraph (b)(2)'s reference to "apprehended danger" is completely inapplicable to the question of o.c. carry.

For the lawyers, a fun question also arises of why the statute prohibits the carry of a "dangerous weapon" in Paragraphs (c)(1) and (2) when the term "dangerous" is undefined. What distinguishes a defined "weapon" from an undefined "dangerous weapon?"

Rob

 

[Mr H]

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

(emphasis mine)

I read this as it being fine to carry, provided self-defense is your intent.

So, yes... I agree.

 

[Rick3bears]

I haven't seen anything in the COMAR about expandable batons. I've asked several people and am usually told that it is a "grey" area and hard to pin down.

 

[JOESTEELER]

Don't recommend Mace / peppers spray because of expiration dates and most people just leave them in the gloves box so weather becomes a big issue. 110 degrees in you car could result in a leak from the can. TASERS / STUN GUN became legal to own and carry as long as it is for protection in 2013 unsure of date for the entire state. So any one who purchases one please get a model that has a safety/ deactivation pin.

 

[Mr H]

Don't recommend Mace / peppers spray because of expiration dates and most people just leave them in the gloves box so weather becomes a big issue. 110 degrees in you car could result in a leak from the can. TASERS / STUN GUN became legal to own and carry as long as it is for protection in 2013 unsure of date for the entire state. So any one who purchases one please get a model that has a safety/ deactivation pin.

ECDs are still illegal in Baltimore, BalCo, HoCo, Ocean City, and Annapolis.

Echo the warning about expiration dates. I provide pepper spray to family and friends, and am sure to replace them after 3 years. Will remind them about the car, though.