Taser / Stungun Legal?

[baltimorelaw]

Wasn't sure where to post this question so I figured here was as good as anywhere....

Anyone know if it is legal to carry a taser/stungun in Maryland? I saw an old posting saying that it varied from county to county...is that still the case?

Just curious cause I see them for sale pretty frequently (albeit in PA).

 

[mikec]

I do think it is county to county here. In Baltimore County and City they are not Kosher.

I just was at a site that had a detailed yes/no for every location. They sold "stuff" and they seemed to have a good break down.

 

[Abacab]

I wish I had been around to understand the logic behind banning electrical devices. You know Maryland is anti self defense when you can't even buy a stun gun/taser in the more populous counties/cities.


Per handgunlaw.us

Stun Devices Illegal in the following Cities/Counties in MD.
Beware there could be Cities/Counties with bans that are not listed.

Annapolis, MD Municipal Code 1.44.070
Baltimore, MD - City Code 115
Baltimore County, MD Co. Code 17-2-104
Howard County, MD - Sec. 8.404

 

[2SAM22]

Possession of them is llegal in Anne Arundel County.

 

[ThatIsAFact]

As has already been mentioned, there are a number of local jurisdictions that ban these devices, and there is no state pre-emption that would interfere with their authority to do this. But what about state law? I have wondered about this for a long time. My concern would be that some law enforcement officers, some prosecutors, and some judges might well consider even a device that merely induces temporary paralysis by direct contact (no projectile) to be a "dangerous weapon" under Section 4-101 (the "dangerous weapon" statute, quoted below)-- and an even greater number of such officials are likely to regard a Taser, which delivers its paralyzing charge via wires connected to darts, delivered to the target by a chartge of compressed nitrogen, as a "dangerous weapon."

As Novus has pointed out in a recent thread, Maryland case law suggests that what constitutes a "dangerous weapon" depends in part upon the circumstances. Certainly, I think someone who used one of these devices offensively would likely be charged under 4-101. Likewise, it seems to me that anyone (without a carry permit) who carries such a device concealed may risk arrest under 4-101.

Carrying such a device openly, for purely defensive purposes, seemingly would be legal under 4-101 on its face -- but if it was a device that looked like a weapon (e.g., a Taser), I bet it would draw close attention from LEOs, with uncertain results. I am not a lawyer, and this is not legal advice.

I'd be really interested to hear from anybody who has done this in Maryland, and even more interested to hear if there is any case law involving the carrying of these devices for defensive purposes.

Section 4-101 reads in pertinent part: "(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 . . . openly with the intent or purpose of injuring an individual in an unlawful manner." [italics added for emphasis]

ThatIsAFact

 

[ThatIsAFact]

2009 law on "electronic control devices"

Upon further investigation, I find that a new statute was enacted in 2009 dealing with these so-called "electronic control" devices, which I have reproduced below. It establishes that a manufacturer of such a device must obtain a criminal records check to ascertain that a purchaser has not been convicted of any of a number of offenses. Persons with such convictions are prohibited from possessing or using such devices. After reviewing this statute, I think it is not necessary for me to modify very much what I said above. Possession of such a device by a person over age 18 is legal under state law, if the person is not disqualified by criminal history. It would seem that carrying the device openly for purely defensive purposes would also be legal, under state law. But I continue to worry that carrying such a device concealed could be construed to violate 4-101. The statute explicitly affirms the authority of local governments to enact stronger prohibitions (e.g., bans).

Here's the statute:


§ 4-109. Electronic control device.

(a) Definitions.-

(1) In this section the following words have the meanings indicated.

(2) "Crime of violence" has the meaning stated in § 14-101 of this article.

(3) "Electronic control device" means a portable device designed as a weapon capable of injuring, immobilizing, or inflicting pain on an individual by the discharge of electrical current.

(b) Requirements for possession or use.- A person may not possess or use an electronic control device unless the person:

(1) has attained the age of 18 years; and

(2) has never been convicted of a crime of violence or a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-606, § 5-613, or § 5-614 of this article.

(c) Prohibitions.- An electronic control device may not be sold and activated in the State unless:

(1) an instructional manual or audio or audiovisual instructions are provided to the purchaser;

(2) the manufacturer maintains a record of the original owner of the electronic control device; and

(3) the manufacturer or seller has obtained a State and federal criminal history records check of the original owner to ensure compliance with subsection (b)(2) of this section.

(d) Access to manufacturer's records.- A manufacturer of electronic control devices shall provide an investigating law enforcement agency with prompt access to the manufacturer's records on electronic control devices and cartridges sold in the State.

(e) Penalty.-

(1) A person who violates subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

(2) A person who violates subsection (b) of this section while committing a separate crime that is a crime of violence is guilty of a felony and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(f) More stringent requirements by local governments allowed.- This section does not prohibit a local government from adopting a restriction or requirement concerning the possession of an electronic control device that is more stringent than the requirements of this section.

[2009, chs. 320, 321.]

 

[FrankOceanXray]

I have not come across a Taser but have found other electronic devices - stun guns - on patrol. The property stayed in the vehicle.

I never knew AA Co. banned them.

Some of these laws are so gray, fuddled and little known about being buried in heaps of other legislation they are tough to track. It would seem if it seems wrong ethically or morally it is against the law (murder, rape, stealing, ten commandments type stuff) but these kinds of laws challenge that. I would think personal protection such as carrying a taser for defensive situation would be in line with good sound judgment.

 

[GBMaryland]

Possession of them is llegal in Anne Arundel County.

I thought in AA County it's only the capital that they are illegal, not true?

You can have them in MoCo... I've got a few of the ones that shoot the barbs and have laser sights / illumination.

 

[2SAM22]

Handy Dandy reference:

AACounty Code:

§ 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.
(d) Sanctions for violation. A person violating any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding six months or both.
(1985 Code, Art. 11, § 4-102.1) (Bill No. 49-85; Bill No. 20-06)

I thought in AA County it's only the capital that they are illegal, not true?

You can have them in MoCo... I've got a few of the ones that shoot the barbs and have laser sights / illumination.

 

[Gary Slider]

Thank you Gentlemen. I check out a lot of different chat forums for info just like above. I have added the 2009 law to the MD page at Handgunlaw.us and looked up the AA county ord about stun guns. That has been added also. I can't see or know everything about any states laws. If you guys would like to check out the MD page at
http://www.handgunlaw.us/states/maryland.pdf
and give me feedback on anything contained on the MD page it would be greatly appreciated. If you do see something that needs updated I would really appreciate links to confirm any new info. I live right next door in WV. New Martinsville.

Best way to reach me is by going to www.handgunlaw.us and clicking on contact us at the bottom of the page. I read all the email that come in. Please put something in the Subject header of your email that will catch my eye. I get a ton of spam on that account.

 

[Minuteman]

So, it is legal to own and carry a taser in AACO ?

What I just read of the law leads me to believe it, and what Taser has on their site, looks promising as well.
http://www.taser.com/SiteCollectionDocuments/ECD-State-Statute-Chart.pdf

 

[Minuteman]

Possession of them is llegal in Anne Arundel County.

Vince- I should have simply asked if you were trying to say "illegal" or "legal".

The typo threw me off.

I did read your post and the excellent link thanks!

I guess the second issue is... "stun" gun, is that considered just the old type or the taser type that also 'stun' people? Maybe there is no case law on this issue yet.

When you search for 'stun gun' several of the images come up with tasers, so I could see how some might confuse, or group the two... just asking.

 

[2SAM22]

Oh yeah, looks like I made a boo-boo there.
I think the intent is that stun gun includes taser but don't know if its been tested yet.

Vince- I should have simply asked if you were trying to say "illegal" or "legal".

The typo threw me off.

I did read your post and the excellent link thanks!

I guess the second issue is... "stun" gun, is that considered just the old type or the taser type that also 'stun' people? Maybe there is no case law on this issue yet.

When you search for 'stun gun' several of the images come up with tasers, so I could see how some might confuse, or group the two... just asking.

 

[zoostation]

or any similar device by whatever name that is designed as a weapon capable of injuring an individual by the discharge of electrical current.

of course if we really wanted to stir the pot.......one could potentially argue that since Tasers are not "designed" to injure but rather to incapacitate, they don't fall under the AA County statute.

Now I wouldn't want to be the test case, I'm just sayin'.........

 

[johnnyu]

So do I need to ship to an FFL if I buy one? Am currently having trouble with this very issue. We have to be able to carry something for God sakes for protection.

 

[drblast33]

Of course you can't have one. It would be unfair to the criminal! Remember, criminals have rights. To bad we don't.

Sent from my Nexus 7 using Tapatalk HD

 

[johnnyu]

I think my FFL is not well informed. He says only law enforcement can have them and told me in such a way as "why do you need one sir?..." kind of a thing. Whatever man. Some SOB comes in my house I can cover that. SOme SOB attacks me or my wife on Walmarts parking lot, well.... I'll die trying to disarm him, but tazing his arse would be nice. As the economy gets worse, people are literally stealing from dollar stores. Purses are being snatched, cars taken, etc. Dont believe me. Walk around LIVE CASINO parking lot after 9 p.m.. You'll be lucky if a cop is sharp enough to catch someone in that mess before they get on 295 or rt 100 and take off.

 

[hdatontodo]

http://www.washingtonpost.com/local...05f268-8e7d-11e2-adca-74ab31da3399_story.html

 

[dblas]

So do I need to ship to an FFL if I buy one? Am currently having trouble with this very issue. We have to be able to carry something for God sakes for protection.

I think my FFL is not well informed. He says only law enforcement can have them and told me in such a way as "why do you need one sir?..." kind of a thing. Whatever man. Some SOB comes in my house I can cover that. SOme SOB attacks me or my wife on Walmarts parking lot, well.... I'll die trying to disarm him, but tazing his arse would be nice. As the economy gets worse, people are literally stealing from dollar stores. Purses are being snatched, cars taken, etc. Dont believe me. Walk around LIVE CASINO parking lot after 9 p.m.. You'll be lucky if a cop is sharp enough to catch someone in that mess before they get on 295 or rt 100 and take off.

Both of you need to look at the Taser C2 (available at Dick's) or the Taser X3 (three shots from one device).

here is the Taser Consumer web page: http://www.taser.com/products/self-defense-products

I have a C2 and have no problem with open carry for defensive purposes in PG or MOCO.

 

[GBMaryland]

Both of you need to look at the Taser C2 (available at Dick's) or the Taser X3 (three shots from one device).

here is the Taser Consumer web page: http://www.taser.com/products/self-defense-products

I have a C2 and have no problem with open carry for defensive purposes in PG or MOCO.

I have both....

...and the X3, is SICK...

If there is one perp, he gets lucky and tased, if there are two... you get shot.

My MoCo buddies tell me just to shoot them, but I'd rather not have to deal with that. I'm pretty sure that if you break into a house and get tased, the castle law still covers you.

Thoughts?