A Question for Maryland Folks...

[ForeignDude]

I want to make sure that I have the right reading on the law in MD.

Is it the case that you cannot carry OC (pepper spray) at all, openly or concealed, in MD?

This appears to be the relevant statute, though I find it hard to believe, frankly:

§ 4-101. Dangerous weapons

Definitions

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

(3)(i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper based products.
(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.

Prohibited

(c)(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, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.


Presuming I'm understanding this right, I can't carry a pistol, a knife, or pepper spray. So, what exactly, is legal to carry in MD, presuming you value your life and that of your loved ones?

 

[K-Romulus]

From what I understand, the OC spray is OK to carry as long as you are not openly waving it around and threatening people with it in an unlawful manner.

"Weapon" and "pepper mace" are also separately defined, and the terms are used separately in 4-101(c)(2).

From what I also understand, the definition of "penknife without a switchblade" means that a spyderco-type folder is legal to carry as long as it's folded and peaceably in your pocket . . .

 

[ForeignDude]

More Text...

Let me post more of the text than I did before...

§ 4-101. Dangerous weapons

Definitions

(a)(1) In this section the following words have the meanings indicated.
(2) "Nunchaku" means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.
(3)(i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper based products.
(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.
(4) "Star knife" means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.
(5)(i) "Weapon" includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.
(ii) "Weapon" does not include:
1. a handgun; or
2. a penknife without a switchblade.

Exceptions for certain individuals

(b) This section does not prohibit the following individuals from carrying a weapon:
(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;
(2) a special agent of a railroad;
(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or
(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

Prohibited

(c)(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, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.
(3)(i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, WashingtonCounty, and Worcester County.
(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:
1. on a bona fide hunting trip; or
2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

Penalties

(d)(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.
(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.

As I understand this, OC spray is defined as one of a class of "dangerous weapons". Subsequently, the statute says that one can't carry a "dangerous weapon" concealed, but in the next line prohibits the open carry of "chemical mace, pepper mace, or a tear gas device" explicitly with the intent to injure someone in an "unlawful manner".

So, does this mean that I can carry OC openly if I don't have the a priori intention to use the spray "unlawfully".

This is vague as hell.

 

[K-Romulus]

vague = Maryland trait

Just like the handgun law, this law is f'd up.

The "Dangerous Weapons" line is the name for the whole statute.

The definitions section defines certain terms, not necessarily what is a "dangerous weapon."

A concealed mini-bat would be a "dangerous weapon," but isn't defined as such.

At this point, I recommend that for your piece of mind that you find a MD lawyer who can explain Handy v. State, 357 Md. 685 (MD 2000) to you:

These letters indicate that Senate Bill 824 was passed specifically to prevent citizens from being able to possess weapons such as mace, tear gas, and, subsequently, pepper spray, for use as an offensive weapon, particularly in the robbery context. Though the legislative history does not reveal exactly why the change in language was made prior to the passage of Senate Bill 824, we infer that the change was made, despite the existence of subsection (f)(4), to protect those who might carry such weapons for defensive, protective purposes. Quite simply, the General Assembly did not want to make [***34] it illegal for citizens to protect themselves from criminals by wearing or carrying mace, tear gas, or pepper spray in a concealed fashion. They did, however, want to prevent criminals, including robbers, from using such weapons in an open manner with intent to injure their victims. . . .

By placing pepper spray within the "penknives" exception clause, the Legislature could have excluded it from the statute. As noted, supra, however, the General Assembly did add pepper spray to the list of dangerous weapons in section 36(a)(1), but chose to exclude from prosecution those who wear [**1119] or carry pepper spray in a concealed fashion for defensive purposes by placing pepper spray only in the second clause of section 36(a)(1). . .

Since I'm not a MD lawyer, I can't tell you what this means for your situation.

I can tell you that "Section 36" was the old number of the law before it was recodified as 4-101, but the new law has some changes that I am not qualified to explain.