TASER Law

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • rpcmig

    Active Member
    Nov 29, 2006
    295
    Berlin,MD
    Is it legal to carry a TASER in MD. My wife travels the state for her job. Mostly alone.

    She won't carry a gun because she can't do it legally.

    Is the TASER a legal option?
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I can say that open carry is legal by state law only (I am not a lawyer), but I am not sure about conceal carry.
    I also know that in Baltimore city, maybe Baltimore county, definitely in Howard county, maybe Ocean City and maybe in Annapolis it is illegal openly or concealed.
     

    DorGunR

    R.I.P.
    Mar 7, 2007
    1,259
    Severn
    stunGunLegalSmall.jpg
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    And Howard co:
    Sec. 8.404. Sale or possession of electronic weapons prohibited.
    (a) Prohibitions. It shall be unlawful for any person, firm or corporation to sell, give away, lend, rent or transfer to any individual, firm or corporation an electronic weapon within the limits of Howard County. It further shall be unlawful for any person to possess, fire, discharge or activate any electronic weapon within the limits of Howard County.
    http://www.municode.com/resources/gateway.asp?pid=10016&sid=20
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    In Anne Arundel they are illegal, except for LEO
    Damn, whatd'ya know....
    § 9-1-603. Electronic weapons – prohibited acts.
    (a) Definition. In this section, "electronic weapon" means a "stun gun" or any similar device by whatever name that is designed as a weapon capable of injuring an individual by the discharge of electrical current.

    (b) Scope. This section does not apply to a law enforcement officer acting within the scope of the officer's official duties.

    (c) Prohibitions. A person may not sell, give away, lend, rent, or transfer an electronic weapon in the County. A person may not possess or discharge an electronic weapon in the County.
    http://www.aacounty.org/CountyCode/
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    The problem with that is she's going in and out of customer's offices all day.

    I doubt that they'd take to it kindly.

    A "penknife" of any size concealed at those moments, but then openly carried open afterwards is perfectly legal as I understand it (I am not a lawyer).

    A penknife (folding knife, not a butterfly knife) can be carried concealed in MD, but there is court precedence saying there is no limit on the size of the knife and the "dangerous weapons" statute does not restrict open carry for "lawful" self defense.

    (I am not a lawyer)
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,530
    Foothills of Appalachia
    A "penknife" of any size concealed at those moments, but then openly carried open afterwards is perfectly legal as I understand it (I am not a lawyer).

    A penknife (folding knife, not a butterfly knife) can be carried concealed in MD, but there is court precedence saying there is no limit on the size of the knife and the "dangerous weapons" statute does not restrict open carry for "lawful" self defense.

    (I am not a lawyer)

    If it folds its legal to carry concealed as long as it’s not a switchblade. Doesn't matter how long the blade is. In my opinion butterfly knives are legal to carry concealed in MD. As a useful piece of legal trivia it doesn't matter if it is carried concealed with the blade open. The criteria is it just must be capable of being folded.
     

    Simon Yu

    Ultimate Member
    Jan 12, 2007
    1,357
    Rockville
    If it folds its legal to carry concealed as long as it’s not a switchblade. Doesn't matter how long the blade is. In my opinion butterfly knives are legal to carry concealed in MD. As a useful piece of legal trivia it doesn't matter if it is carried concealed with the blade open. The criteria is it just must be capable of being folded.

    The snag is that there's a 1964 court ruling that lists "gravity knives" as dangerous weapons. Butterfly knives/balisongs are often considered such by the uninitiated, even though it's technically incorrect based on most definitions of the term I've seen, but that doesn't preclude an area from making its own definition that does include them. It all gets too close to a "start looking up an expert witness to fly in" thing for my tastes.
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,530
    Foothills of Appalachia
    The snag is that there's a 1964 court ruling that lists "gravity knives" as dangerous weapons. Butterfly knives/balisongs are often considered such by the uninitiated, even though it's technically incorrect based on most definitions of the term I've seen, but that doesn't preclude an area from making its own definition that does include them. It all gets too close to a "start looking up an expert witness to fly in" thing for my tastes.

    I essentially agree with you. There is no reported decision on whether or not a butterfly knife is or is not a penknife.
    You are talking about Savoy v. State (236 Md. 36, 202 A.2d 324 (1964)) I think that is distinguishable because the gravity knife in Savoy had a button that you had to depress and after you flicked it with your wrist the blade automatically locked open. Savoy also seems to be anomalous, especially in light of court decisions that came after it; however it has never been explicitly overruled. I have seen this decision used to support an argument that a butterfly knife is not a penknife. Prosecutors tend to focus on the ease of opening language in Savoy. However I think you can make a strong case when you look at the other factors, and the successive ‘penknife’ cases that a butterfly knife is a penknife. Personally, I am 3 for 3 in successfully arguing that a butterfly knife is a penknife and not a concealed deadly weapon before Judges.
     

    rpcmig

    Active Member
    Nov 29, 2006
    295
    Berlin,MD
    A "penknife" of any size concealed at those moments, but then openly carried open afterwards is perfectly legal as I understand it (I am not a lawyer).

    A penknife (folding knife, not a butterfly knife) can be carried concealed in MD, but there is court precedence saying there is no limit on the size of the knife and the "dangerous weapons" statute does not restrict open carry for "lawful" self defense.

    (I am not a lawyer)

    Thanks for all the suggestions. I liked the TASER because of ease of use but I don't want her to run into legal issues.

    I think I'll go with pepper spray. My wife is not trained in the use of edged weapons and won't take the time to get trained. At least with the spray she can keep it on a key ring and be somewhat prepared.

    Any suggestions on a good spray?
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,613
    Messages
    7,288,490
    Members
    33,489
    Latest member
    Nelsonbencasey

    Latest threads

    Top Bottom