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(a)(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) A person may not possess or use an electronic control device unless the person:
(1) has attained the age of 18 years; and
(c) 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) 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)(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) 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.
Cite this article: FindLaw.com - Maryland Code, Criminal Law § 4-109 - last updated December 31, 2021 | https://codes.findlaw.com/md/criminal-law/md-code-crim-law-sect-4-109.html
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