2017 Maryland Code
Criminal Law
Title 4 - Weapon Crimes
Subtitle 1 - General Provisions
§ 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.
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