The Legality of Stun Guns in the State of Maryland
While the Maryland State Legislature has some laws that are specific to the possession of pepper spray and mace, there are no laws that mention stun guns specifically. Maryland does fall under U.S. federal laws regarding stun guns and other electronic weapons.
State laws that apply to all weapons do apply to stun guns. For instance, it’s considered a misdemeanor in Maryland to carry a concealed weapon without a permit, and penalties for this offense include up to 3 years jail time. You cannot conceal stun guns in the same manner that you cannot conceal other weapons, and there are many other specific laws regarding concealed weapons in Maryland .
Other laws regarding weapons do not apply to stun guns. For example, it is illegal to possess brass knuckles in Maryland, but these laws do not apply to stun guns. According to the National Conference of State Legislatures, Maryland law does not permit the use of electrical weapons that make a debilitating electric shock, but still, these laws are somewhat vague and need updating to keep up with technological advances.
Possession and use of a stun gun is legal in Maryland, as long as it is obtained from a dealer in the state. Like most states, Maryland does not allow ownership of these weapons by minors, although minors can be charged under these statutes.
Stun Gun Restrictions and Regulations
While Maryland stun gun laws do not completely ban ownership by the general public, there are key regulations and restrictions. Stun guns are legal to own but there is an age minimum of 18-years-old. Permits and licensing are not required in Maryland. Preempted from carrying any type of electrical weapon or stun gun in Maryland includes public schools, facilities owned or leased by the State of Maryland, voting facilities, and any place where licensed medical practitioners practice.
The Contrast Between Stun Guns and Tasers
Here are some of the main differences:
First, in general usage, "stun guns" refers to device that uses a single electrode to create a shock field for self-defense, whereas "tasers" use two electrodes. As a result, tasers are able to operate at a much greater distance than stun gun devices.
Second, in the passive role of the person who uses a stun gun or taser, there is an important distinction as to whether the stun gun is "short range" or "long range." In a short range device, the tatics are discharged from a short, fixed wire. However, in a long range device, the tatics are discharged from a wire cartridge. There are several advantages of the long range taser device, including (a) the ability to incapacitate a suspect from a considerable distance; (b) in the absence of a sustaining electrical field, the inability of a suspect to hold onto or wrest the device away from the victim; and (c) the ability to deploy a stun gun via remote control from an always accessible location.
The latter capability is becoming increasingly important given that many public safety personnel are now using small taser devices to incapacitate aggressive dogs in connection with "animal control." These tasers are typically fitted with a remote control trigger and are stored in a small pouch at the belt or coat pocket of the officer.
Criminal Consequences for Possessing or Using Without Authorization
The penalties for unlawfully possessing or using an electroshock weapon (TASER, stun gun, stun belt, etc.) are serious. On a first offense, a person convicted of violating the relevant section of Maryland law is guilty of a misdemeanor punishable by a fine of up to $1,000 and imprisonment of up to three years, or both. Upon conviction of a second or subsequent offense, the defendant faces a penalty of up to $5,000 and 5 years in Maryland State prison.
Additionally, under the Public Secondary Schools code, a student who possesses a stun gun in school can be expelled for a full school year unless the student was at least 18 and had written permission from a supervising school authority.
Statutory and Case Law Regarding Self-Defense and Stun Guns
In everyday language, "self-defense" can have a variety of meanings and be used in many different contexts. For legal purposes, however, self-defense generally means that you were justified in using physical force against another person because you were reasonably in fear of personal bodily harm. You cannot use reasonable force if you simply fear for your personal property.
There is an exception to this rule in that you do not have to wait for an attack on your person before defending yourself. You can use reasonable force to protect yourself where you are in imminent fear of being harmed. In Maryland, you also have a "stand your ground" right, which means that you do not have to retreat from an aggressor if you are attacked in a place where you are legally entitled to be, unless retreating is safe and available.
Your response to your attacker also has to be proportional. If you are punched in the face by a fist, you cannot respond by shooting your assailant. In your physical response to another, you can only use as much force as it reasonably takes to stop the threat you are warding off. The threat of being shot seriously outweighs the threat of physical assault, so in most circumstances, you cannot respond with deadly force against the lesser act of bodily harm.
An exception exists where the person attacking you is armed . If you are in a bar fight and your assailant pulls out a knife or some other weapon and lunges at you, you have the right to use whatever means are reasonably necessary to keep from being stabbed (except, of course, shooting him). That may mean shooting him or you may be able to take his weapon without using deadly force — the important thing is that you can respond because you were in fear of immediate bodily harm.
This means that, under some circumstances, you can use your stun gun to ward off an assailant. Of course, as with all defensive actions, the force you exert must be proportional to the force that was initially brought upon you. If someone shoves you and you stun him, you probably used disproportionate force that was legally inappropriate. If, however, you are attacked by a knife-wielding assailant and you stun him to get away, you have used an appropriate degree of force because you were in fear of immediate bodily harm and you have saved your own life.
That being said, you cannot simply walk around with a stun gun, taser or other electroshock device with the idea that you might use it against another person whenever the situation calls for it. For example, say you decide that when you walk home late at night you will carry your stun gun and use it whenever an aggressor comes after you. You cannot do this because you do not fear for your safety until the other person actually physically threatens you. Until then, just like you cannot shoot someone on sight or in anticipation of a potential attack, you cannot stun someone.
Recent Developments and Legal Precedents
The most significant change in Maryland’s stun gun laws came at the end of 2016 when the Fourth Circuit Court of Appeals determined that a Maryland law restricting the sale of certain stun guns was unconstitutional. The law prohibited the sale of "any electronic control device" by anyone other than a licensed dealer. Moreover, "electronic control device," was defined to include only electronic weapons that "stun or incapacitate . . . a person." Therefore, such weapons like tasers and stun guns that use alternative technologies such as barbed projectiles, were not considered electronic control devices. The Fourth Circuit Court of Appeals held that this statute imposed a burden on Second Amendment activity rather than serving any clear public safety purpose. The court found that the state had failed to show with empirical evidence proposed exemptions for these types of weapons products from the ban were necessary for the protection of the public, a standard for Intermediate Scrutiny. Since this decision, the court concluded that legislature’s prohibitory ban on electronic control devices failed basic scrutiny test and was thus unconstitutional. This decision was another blow to a slew of total bans determined unconstitutional by courts across the United States.
How to Keep Up with the Law
As firearms laws continue to evolve, it’s important for residents of Maryland to stay informed about the latest developments regarding stun guns and other concealed carry weapons. Fortunately, there are a number of ways to access information about legal updates, proposed changes to existing laws and any potential violations of state or federal law.
One of the most effective ways to stay ahead of these changes is to subscribe to an authoritative blog written by a gun rights expert. A quick Internet search of "Maryland gun laws blog" will direct you to a variety of resources that cover recent developments in detail.
If you believe you may have been the victim of a violation of your gun rights, you may want to talk to a legal expert to better understand your rights and determine the best course of action . Consulting with a knowledgeable attorney about a legal issue that arises either at the local, state or federal level can help clarify your decision-making process in the matter. Attorneys experienced in gun rights issues may also be able to suggest helpful resources and legal materials that could simplify tracking updates in Maryland gun laws.
Another way to stay informed about updates to the law is to simply visit the website of the Maryland State government. Many Maryland government sites provide information about current and proposed laws and regulations, including handgun and carry laws. These sites may also provide links to proposed laws and regulations that are under consideration, as well as rules and regulations adopted by relevant state authorities.