Anne Arundel County considers legalizing electronic control devices

open... just looks like a flashlight case

the only person who asked me about it is a member here, who mentioned it in relation to something else

Mr H said:

open... just looks like a flashlight case

the only person who asked me about it is a member here, who mentioned it in relation to something else

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OK cool. I bought the wife a Taser C2 and I am thinking about picking me up the Taser M26c model and also the Strikelight flashlight. I just haven't heard of many people carrying yet, and I certainly don't want to be a test case for the state or county.

There is no prohibitation against carrying it any way, or anywhere you like. So in some ways it could actually be better than a firearm.

I just read that Harford County is hearing a proposed bill that would overturn their current prohibitation against Tasers too. You don't have to be a resident of Harford to help them. I recall a distinguished gentleman from PG County (where Tasers have always been legal), testify at the AACO hearing that he had multiple handgun permits to carry in other states, and although he can't carry a gun in Maryland, he was thankful he could carry a Taser for self defense.

Minuteman said:

There is no prohibitation against carrying it any way, or anywhere you like. So in some ways it could actually be better than a firearm.

I just read that Harford County is hearing a proposed bill that would overturn their current prohibitation against Tasers too. You don't have to be a resident of Harford to help them. I recall a distinguished gentleman from PG County (where Tasers have always been legal), testify at the AACO hearing that he had multiple handgun permits to carry in other states, and although he can't carry a gun in Maryland, he was thankful he could carry a Taser for self defense.

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Are you suggesting that I may carry concealed? (I know you're not a lawyer)
The AG statement explained that the ECD must be carried openly, but I think I'd rather have the option for both open and concealed. I'll post up the email that I received shortly.

My email to the AACO Attorney Generals Office

Hello attorneys,

I am writing to request clarification on the taser laws for Anne Arundel County. It is my understanding that in May 2013, the Anne Arundel County Council passed a law to repeal the ban on possession and carry of tasers by citizens within the Anne Arundel County limits. Here are a few questions that I am requesting clarifications:

1. Are there any training or permit requirements for possession of taser(s) by citizens within Anne Arundel County?

2. Citizens who wish to carry a taser, are they required to carry open? Or is the taser required to be concealed? Or are both allowed?

3. What are the requirements of notification when approached by a law enforcement officer? For example, if stopped for a traffic violation, is the citizen who is in possession of the taser, required to announce they are in possession of the taser? If so, what are the requirements for such procedure?

4. What self defense laws come into play when considering use of the taser? Can the taser only can be used for individual defense? Or can taser be used to defend others? (I.E. Defending spouse, friends, others in imminent danger?)

My goal is to receive a response that helps me understand the legality of the possession and carry of tasers by a citizen in Anne Arundel County. Your response will help me remain in compliance with Anne Arundel County law, and Maryland law, where applicable.

I look forward to your response.


AvidRider

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Email Response from the AG's office:

1. There is no training or permit required, but an instructional manual must be provided by the seller.

2. Under Maryland law, "dangerous weapons" (which includes pepper spray, so I would think includes tasers) cannot be carried in a concealed manner, or openly with intent to injure. So carry your taser openly without the intent of injuring anyone, unless you are attacked.

3. See answer #2. You do not have to announce to an officer that you have a taser, but to comply with Maryland law you should carry it openly - that is, on your person or in your car where it can be seen.

4. In terms of self defense, a taser would be similar to a penknife (which is specifically NOT a dangerous weapon). Self defense is lawful in protecting yourself or others as long as it is not excessive. Clearly, using a taser when confronted with deadly force would not be excessive. The legality of using one when confronted with non-deadly force would probably depend on the circumstances.


Hopefully this answers your questions.


"AG's Name Replaced" , Deputy State's Attorney

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I think the AG is full of it. There are several places in the MD annotated code that states it is illegal to do something with the intent of injuring someone. These laws are the ones that are charged against the criminals that attack people with guns, knives etc.

When you carry mace or taser to defend yourself, the intent is self preservation and not to injure anyone.

IANAL but that is what I believe is true.

John

AvidRider said:

My email to the AACO Attorney Generals Office

Email Response from the AG's office:

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AvidRider: thanks for posting your questions and their response. I agree with John above; but like their response, except that I think they are extrapolating a bit too much about 'concealed weapon', an ink pen or your hands could technically be a concealed weapon, so give me a break. I get what he is saying, and I agree, it is more about the intent. I appreciate that the police do have some latitude and the law does leave open the possibility to prosecute when we all know that a real bad-guy is caught with something he is obviously carrying as a weapon.

However a pen-knife is not a weapon, and it is imminently/potentially many times more 'lethal' than a Taser. I don't know of anyone ever being cited/detained, much less arrested or convicted for simply carrying a Taser (where legal) in their pocket or elsewhere not immediately observable. Yep, I'm not a lawyer, and no one wants to be the test case; check.

I know from following some cases in Maryland that even when a serious incident happens; during the trial they often drop any lesser technical crimes to simplify the case in pursuit of the most serious and egregious crime. For example, in one case I'm very familiar with, where a shop owner shot and killed a robber who threatened him with what he thought was a handgun in the perps pocket, he was not charged with any crime. He could have been charged with any number of crimes from murder, attempted homicide, recklessness, to discharging a firearm within so many feet of an occupied dwelling; but the issue was about the robbery and him shooting the bad-guy. Again he wasn't charged with anything. Not to say this is always the case, that's why we have a criminal justice system and attorneys, but in a state where the vast majority of people are not allowed to carry a firearm in public for protection; and the state refuses to define 'Good and Substantial', you have hard choices to make.

I recommend you follow the law, and I feel a Taser in the hands of a law-abiding citizen who is not looking for trouble and using good judgement is not carrying it as a weapon. So the AG's advice is good too.

By the way, I'm a registered Democrat. I've always been Independent, but this year I decided to go DEMO so I can vote in the primary and more of my elected officials will listen to my opinions. I'm voting for Gansler (our AG) in the primary, for what that's worth. But for the general election, probably not.

Thanks John and Minuteman for your well thought out observations.

I'm just torn though. I understand the AG is stating that MD law requires the taser to be carried openly. However, this is also the method in which we will be harassed since someone is most likely to call 911 to report someone with a weapon, and especially since I will probably buy the Taser M26c that looks much like a firearm in the holster.

I definitely do not want to ruffle any feathers with law enforcement. My intention of carrying is to provide myself a means of self defense, if the situation arises. This is the reason I bought my wife her Taser C2 as well. It scares the heck out of me to think that she may walk out of the mall by herself and get attacked by someone that wants to rob her, rape her, or worse!

At the end of the day you have to make a decision. Do you want to be judged by 12 or carried by 6.

John

Minuteman said:

AvidRider: thanks for posting your questions and their response. I agree with John above; ...

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John from MD said:

At the end of the day you have to make a decision. Do you want to be judged by 12 or carried by 6.

John

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IMO, this is no different from choosing to open-carry a firearm legally. You are consciously making a decision to show a willingness to protect yourself, and have made the determination that you are ready to take on the potential criticism.

Anyone not ready for that, shouldn't do it.

Me? I carry a stun-device, rather than a Taser. I consider it a happy medium.