What The Laws In Maryland Say About Stun Guns
Maryland is one of the states in the U.S. where stun guns are legal weapons. However, the legality of stun guns (and other weapons) in Maryland depends on a number of factors.
The legal status of stun guns in Maryland has been tested in several cases. In 1995, a stun gun was found to be a prohibited weapon under the law. Stun guns were banned as weapons for private use, and possession of a stun gun was prohibited by any person in Maryland. In that case, however, the decision was reversed by the Maryland Court of Appeals.
Since 1995, Legislative history indicates that the issue of whether or not stun guns are legal in Maryland has made its way into the Maryland General Assembly several times. Proposed bills would have banned stun guns in the state, but none ever passed. In fact, House Bill 2 (HB 2), which would have prohibited possession, use, carry, wear, and Maryland stun gun dealers sale of stun guns and involving "electrical weapons" was heard in Committee, but therefore has failed . The bill was heard and withdrawn, before being referred back to Committee.
Recently, however, the legislation was heard again. In October of 2021, a bill banning stun guns and Tasers in Maryland came up for debate. If passed, HB 1364 would have made the ownership or purchase of stun guns or Tasers in Maryland illegal. The bill exempted stun guns for law enforcement, including police, security guards, prosecutors and judges.
The National Conference of State Legislatures (NCSL) indicates that Maryland law does not specifically regulate stun guns. Maryland does, however, ban the use of Tasers. The possession of Tasers in prohibited in Baltimore City.
It appears, at least as of this writing, that there are no specific state laws regulating stun guns for private use in the State of Maryland. Local laws are different, however, as already indicated. Under Baltimore City Code, it is unlawful to carry or use a Taser.
State Vs Federal Regulations
Existing federal law generally prohibits the mail or transport of firearms, guns, ammunition, and their larger components. The general prohibition is subject to several important exceptions. Importantly, the law allows state and local agencies to devise and regulate their own laws concerning gun control. Under the Commerce Clause, the federal government may regulate products and consumers between states. This leads to a very important distinction that will be made clear below; federal laws preempt state laws concerning weapons where the weapons are considered interstate commerce. State laws (including Maryland), however, may restrict or even outright ban weapons that are in-state controlled matter. Stun guns are weapons in Maryland. In the state of Maryland, there exists an express exception to the statutory prohibition on the wearing, carrying, or transportation of stun guns. Under Maryland Code Ann. § 4-102(e)(1), the prohibition does not apply to "an individual who possesses, wears, carries, or transports a stun gun for purposes of hunting if the stun gun is use in accordance with any regulation adopted under § 10-309 of the Criminal Law Article". Importantly, Maryland law also prohibits the person from wearing, carrying, or transporting the stun gun "except while hunting". Yet, the distinction remains: Federal law generally precludes stun gun possession through interstate channels of commerce, while the state of Maryland allows use with certain regulations. Federal law provides no exception for civilian stun gun use. Maryland § 4-102(e) offers no express preemption either, which further emphasizes the distinction of the two laws. Such actions are punishable by imprisonment for 3 years, a fine of $5,000, or both. This makes it impossible to possess stun guns in interstate commerce, and since Maryland clearly prohibits them, the state law is accordingly enforceable.
Limitations And Prohibitions
While Maryland is one of the states that permits the use of stun guns for personal self-defense, there are still some circumstances where the use of a stun gun could be illegal or at least pose serious risks of prosecution. Here are some reminders about where and when stun guns are prohibited, and specific instances where possession could lead to criminal charges:
Location Restrictions
Stun guns are generally prohibited from school property, private property without permission, police stations and other public government property, large crowds, and other situations that could endanger bystanders or target individuals carrying weapons for work.
School Property
Stun guns are prohibited by law on "school property" in Maryland. Maryland Code, Criminal Law, § 4-102 prohibits any person from wearing, carrying, or transporting "a firearm, knife, dangerous instrument, or any other deadly weapon of any kind" on public school property or public school grounds. Stun guns, such as tasers and electronic dart guns fall within this general prohibition.
Private Property
Property owners are required to give consent before others may carry a stun gun on their private property. Even if someone has a carry permit, they cannot legally possess a stun gun on another’s property without permission. This includes employment, where employees do not have the authority to be armed without express consent of their employer.
Peaceful Assemblies
While citizens are permitted to engage in constitutionally protected activities that include peaceful assemblies and protests, items prohibited on school property are generally not permitted on private property. Accordingly, parts of the Community Petition in Baltimore prohibiting stun guns and other dangerous instruments at peaceful assemblies could be construed as overbroad. Unless there is a strong, documented need to include everything in the general list such as baseball bats, sticks, blunt instruments, shovels, etc., the prohibition should be limited to specific categories of instruments actually prohibited from private property.
Public Government Property
Certain government properties, including police stations, are off-limits for stun guns, unless permission is granted to carry. For example, State and local agencies cannot seek or accept, on behalf of the State, any gift, loan, pledge, grant, or otherwise; however, Section 24-103 of the State Finance & Procurement Article creates exceptions to the general prohibition on such gifts, pledges and loans. Such an exception is for any "equipment, supplies, or materials with a value of less than $50 given as a gift for use by an employee of State government."
Possession by Certain Groups
Also, specific groups are prohibited from possessing stun guns altogether, even if authorized generally. For example, public school employees, including teachers and principals cannot use stun guns without explicit permission. Maryland Bill HB 528 required the State Superintendent of Schools to adopt a policy addressing the use of stun guns or other electric weapon on school property to protect students and honorably discharged military veterans attending school. However, the law does not exempt any public school employee from being subject to Maryland Code, Criminal Law, § 4-102 when the bill was enacted.
Criminal Penalties For Possession
The illegal possession of a stun gun, taser, or any similar device can lead to serious criminal charges in Maryland. The consequences may vary according to the specific circumstances of the incident, but the typical charges that may be filed after unlawful possession of a stun weapon include:
§4-203.1. Stun gun or other electrical weapon; penalty for violation.
(a) Prohibited; exception for training exercises.- A person may not wear, carry, or transport a stun gun or other electrical weapon, except as provided under subsection (b) of this section.
(b) Exception for law enforcement officers.- This section does not apply to:
- (1) A law enforcement officer acting within the scope of the officer’s duties;
- (2) A law enforcement agency, a business entity, or a nonprofit corporation acting for purposes of selling, renting, or transferring possession of a stun gun or other electrical weapon; or
- (3) An individual acting within the scope of training exercises approved by a law enforcement agency that is conducting the training exercises in cooperation with an educational institution, a nonprofit corporation, or a governmental agency.
(c) Penalty.- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
While there are few cases in Maryland in which an individual has been charged criminally for possessing a stun gun (unlike the many arrests of Baltimore Sunpapers writer Dan Rodricks), the law is strict on the point. The law does make some exceptions for stun guns and taser weapons that are in public use by law enforcement personnel in Maryland.
Stun Guns In Relation To Self-Defense
The effectiveness of stun guns in protecting oneself from a criminal assault was addressed in State v. Mendez, 86 Md. App. 182 (1991). In that case, the defendant was convicted of carrying a deadly weapon with the intent to injure and unlawfully carrying or transporting a stun gun. (Under Maryland law, as discussed above, a stun gun is considered a deadly weapon.)
The defendant had given his version of the incident to an investigating police officer at the police barrack without having been given his Miranda warnings. That investigator testified to the defendant’s statement that he told the alleged victim to take his hand off of his front hood, that the alleged victim resisted, and that the defendant then pulled out the stun gun and discharged it, causing the alleged victim to start running away from him.
The Court reversed the defendant’s conviction for carrying a deadly weapon with the intent to commit injury. The Court held, "If the stun gun, used as a weapon, is not charged to inflict bodily harm to an attacker, as distinguished from a defender, the charging of the defendant with, and conviction of, that offense cannot stand . To be considered a dangerous weapon, the stun gun would have to be charged, and held and used with the intent to create bodily injury or death to another person." Id. at 195. Moreover, the Court noted that the State needed to prove that the defendant possessed the stun gun with the intent to use it unlawfully against the alleged victim. Id.
The Court affirmed the defendant’s conviction under the stun gun statute, after making a rather tortured analysis of what the statute meant by "gift, loan, offer for sale, or exposure," ultimately affirming the defendant’s conviction for violating the statute as it is used for defending oneself in case of an attack, with the appropriate intent.
So, one may use a stun gun for protection in a situation that may be approaching a fight, if the situation warrants. The stun gun may be used as a defensive measure to prevent untoward contact that may result in physical injury.
How To Purchase A Stun Gun In Maryland
Purchasing a stun gun in Maryland is fairly straightforward, although there are few guidelines that help establish where and how a stun gun may be purchased. First and foremost, while most states do not have state-level age restrictions on stun gun purchases, Maryland does: state law requires the purchaser to be at least 18 years of age or older.
There are no mandatory background checks or permits required to purchase a stun gun in the state of Maryland, but it is advisable to review local laws to ensure that no additional restrictions are in place.
While certain online retailers in Maryland are registered to sell stun guns and may ship the devices to your home without issue, other online retailers operate under the assumption that their stun guns will not be sold in Maryland, Maryland residents should be hesitant to trust a retailer who refuses to tell you that they’re authorized to ship to your area. The laws regarding stun gun legality in each state can be difficult for some retailers to keep up with, and the best shops will be happy to do it.
Likewise, second-hand retailers and sales ought to be approached with caution as well: although these sales are legal in Maryland, the seller should have obtained the stun gun legally.
For out-of-state residents looking to carry in Maryland, it’s important to note that Maryland only allows stun guns to be carried by either law enforcement or individuals who have reason to believe that they might be the target of violent crime: while it may seem arbitrary to restrict stun guns to "certain" citizens, in order to possess a stun gun in Maryland, you should have reasonable grounds to be concerned about your own safety.
Looking Ahead And Beyond
The future of stun gun legality in Maryland may hinge on evolving legal interpretations, legislative movements, and public safety considerations. As Maryland residents continue to seek ways to protect themselves in a world where crime can strike at any moment, the discussion surrounding the use of alternative self-defense tools like stun guns will likely persist. Lawmakers in Maryland have historically placed a high value on the preservation of public safety. In recent years, however, the tide has turned somewhat as proponents of justice and personal freedom have gained momentum in their fights against unjust laws. There is, of course, every possibility that certain restrictions on stun guns will be lifted or altered in the future as legislators react to appeals for fairness, closet advocates, and those who fight every day to keep crime at bay. In 2019, Maryland’s House of Delegates passed a bill that allowed convicted felons to apply for a certificate that would allow them to possess a stun gun . Stun gun advocates applauded the decision as a step towards acknowledging the rights of citizens, while other groups questioned the decision to give felons access to potentially lethal weapons. As with any new legislation, the ramifications of this decision are still being worked out. One thing is clear; the debate surrounding the legality and potential regulation of stun guns in Maryland will continue for years to come. As new politicians step into office, some with histories in the self-defense community, the push to expand self-defense rights may receive a boost, allowing for more flexibility in terms of weapons ownership or access. Like many self-defense tools, stun guns seem to push the boundaries of respect for others’ property and safety and the right to defend oneself. As these devices grow in popularity, so too does the effort to restate and expand this balance. Whatever happens in Maryland over the next few years, education, advocacy, and a strong belief in one’s rights will play an important role in determining the state’s attitude towards personal protection.