I've searched a number of sources and can't find information on impact weapons and their legality in Maryland. Can anyone point me to definitive yea or nea source on legal carry of a collapsible baton? Can't find anything on pepper sprays either.
What do you Mid Atlantic and North Easterners carry in the absence of firearms. I am staying in PA but would like to travel on my motor cycle and want to stay within the laws.
Lots to see out here but last month a guy from work was confronted at knife point in Baltimore. The robber is worse for wear but the good guy did break a few bones in his hand. Just as soon have a bit more of a stand off weapon than my hands.
The first thing you have to understand is that a "definitive yea or nea source"
does not exist. Some laws are vague and when something is legal, there simply isn't a law against it.
Also, the quotation in an earlier post of a single line from MD's criminal code 4-101 is misleading and ignores the definitions of what a weapon is, the exceptions provided, and case law that has ruled on the matter where the law is unclear. Here is a link to the most recent version of the full statute:
http://mgaleg.maryland.gov/2017RS/Statute_Web/gcr/4-101.pdf
This is a topic near and dear to me as a lifelong resident of of MD, and I've spent more than a decade teasing out the details of the law, including consulting with lawyers and police officers.
First and foremost, folding knives of any size are legal to carry in whatever manner you wish. Period. A folder is a "penknife" if it's not a switchblade, and does not count as a weapon, per statute. This has been upheld in the courts for more than 30 years. Maryland Cops have actually been convicted in federal court for thinking otherwise. Pepper spray is also perfectly legal, per the
state court charging language document (see the bottom of page 100).
Second most important is that restrictions only apply to concealed carry. You can carry anything that isn't a handgun openly. Heck I've carried a
sword in public right in front of the cops. It's only illegal if you menace or threaten someone with it.
An important thing to note is that the statute names several weapons in it's definition of weapon: Dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku. These are "weapons per se" meaning they are explicitly considered weapons by law. The law
can be applied any weapon that is concealed other than those named, even improvised objects, but the courts have ruled that the burden of proof lies with the state, not the defendant, to prove that the object is intended to be used as a weapon for an illegal purpose. One case involved a taxi microphone cord that was used to strangle someone. Another was a tree branch hidden under a trench coat where the defendant bludgeoned someone with it and then robbed them.
Expandable batons are a funny grey area, because they are known to be weapons in popular perception, but not named as a weapon per se. I've carried them for years, and a cop told me as long as I'm not acting in a suspicious manner, he'd have no reason to arrest me for it. And I never have been despite cops knowing I was carrying. On the other hand, I read a case recently of a guy arrested for a baton who was also charged with impersonating a police officer and burglary due to other behaviors he was engaged in. Even then, the baton charge was dropped because it was in the trunk of his car.
As far as suggestions, I always have pepper spray on me unless I'm on a restricted site (court house, federal facility). I carry a sturdy AA battery flashlight that does not have "teeth," a steel pen, a lanyard just like John's above (he gave me the idea), and a folding knife of some kind (I have many). I'm also fond of walking sticks, which can be as good as a baton if made right.
