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Thread: Open carry of knives, etc.

  1. #1
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    From what I can tell, the Maryland code appearently allows open carry of knives and pepper spray, but they can't be concealed. (Pepper spray seems to beconsidered a "dangerous weapon" in Maryland. :?) However section C says it only applies to certain counties. Would I be stopped for carrying a knife or pepper spray on my belt?



    § 4-101. Dangerous weapons.

    (a) Definitions.-
    (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.

    (b) Exceptions for certain individuals.- 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.

    (c) Prohibited.-
    (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, Washington County, 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.

    (d) Penalties.-
    (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.

    [An. Code 1957, art. 27, § 36; 2002, ch. 26, § 2; ch. 213, § 6; ch. 571, § 1; 2003, ch. 17; ch. 21, § 1.]








  2. #2
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    Stun weapons are illegal in Howard Co. yet the Maryland State Police still carried their tasers in violation of the law. Howard Co. and Ellicott City Police demanded that the law be changed because their officers couldn't carry, and acknowledged at a city council meeting that MSP was in violation of the law but nothing was being done about that. They would pull another cop over for a speeding ticket yet, don't enforce weapons laws on other police officers?

    Also about that paragraph, I saw that the weapons laws don't apply to those in Charles or Calvert Co.?



  3. #3
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    "Sub section (c) (3) (i)" only applies to minors in those counties and the paragraph is not referring to thesubsections above, but to the paragraph following [paragraph (ii)].

    As far as carrying pepper spray concealed in MD, I found this court decision once:
    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 or carry pepper spray in a concealed fashion for defensive purposes by placing pepper spray only in the second clause of section 36(a
    Found here

  4. #4
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    ProtectMd wrote:
    Stun weapons are illegal in Howard Co. yet the Maryland State Police still carried their tasers in violation of the law. Howard Co. and Ellicott City Police demanded that the law be changed because their officers couldn't carry, and acknowledged at a city council meeting that MSP was in violation of the law but nothing was being done about that. They would pull another cop over for a speeding ticket yet, don't enforce weapons laws on other police officers?
    Because tasers arethe bestless-then-leathal means of controlling a rowdy suspect. Would you rather cops be limited to: 'shouting stop or I'll say stop again' or 'drawing their sidearm'? and potentially see the number of officer involved shootings rise because their greatestintermediate means of use of force were removed?

    These days police - people charged with safekeeping the population - should have every advantage afforded to them, especially if they can take a hostile person who may be threating the lives of others and detain him by using a taser vs. shooting and risk killing them becasue they had no other option.

    I understand the arguement you'll have of "its the law and they dont follow it but they enforce it" but I think its being pushed beyond stupid over what the topic is: Tasers. You're complaining to complain without looking at what alternatives that would leave officers. Pepper spray - marginally effective, I've witnessed persons sprayed who showed no symtoms of effect and continued to assualt others and officers with deadly weapons. Expandable batons - effective striking capabilities but very close range, you dont want to be that close to a hostile suspect unless unavoidable. K9 - not always a K9 uniton sceneor the time to wait for one. Tasers - stop ANYBODY, nobody is immune to electricity and they're aranged weaponso you dont have to close to dangerous distances with a hostile suspect. Sidearm - leathal, shooting should be an absolute last resort for any officer.

    Remember too, if it wasnt for STUPID people we wouldnt have a need for police. And nobody likes a cop unless theyNEED them.

  5. #5
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    making tazers and mace illegal is more rediculous than the outride ban of handguns. do they think that anyone planning to cause harm to someone else even CARES what the law says?
    if someone is going to use a tazer to attack a person they are going to whether it is legal or not. so implementing laws that not only restrict the citizens but also the police is a whole new level of stupid by our legislaters.

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