As long as you don’t have any felonies on your record, Maryland is pretty liberal on us of pepper spray!
Table of Contents
What Are The Pepper Spray Laws In Maryland?
- Pepper spray is LEGAL to buy/use/carry/ship to Maryland
- Must be a minimum of 18 years old
- Cannot have any convicted felonies on record
- For self-defense purposes only
Conclusion
We love Maryland for its liberal view of self-defense pepper spray use! If you’re in Maryland we’re pretty jealous since you don’t have too many things to worry about as long as you have no felonies!
Relevant State Statutes
***NOTICE: Relevant laws in the following statutes have undergone recent revisions and previous versions may be obsolete. It is your responsibility to ensure you are following all relevant laws concerning weapons, including pepper spray, and self-defense.***
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.
…
(d) Serious physical injury. — “Serious physical injury” means physical injury that:
(1) creates a substantial risk of death; or
(2) causes permanent or protracted serious:
(i) disfigurement;
(ii) loss of the function of any bodily member or organ; or
(iii) impairment of the function of any bodily member or organ.
…
3-201. Definitions
(a) In general. — In this subtitle the following words have the meanings indicated.
(b) Assault. — “Assault” means the crimes of assault, battery, and assault and battery, which retain their judicially determined meanings
(c) Law enforcement officer. —
(1) “Law enforcement officer” has the meaning stated in § 3-101(e)(1) of the Public Safety Article without application of § 3-101(e)(2).
(2) “Law enforcement officer” includes:
(i) a correctional officer at a correctional facility; and
(ii) an officer employed by the WMATA Metro Transit Police, subject to the jurisdictional limitations under Article XVI, § 76 of the Washington Metropolitan Area Transit Authority Compact, which is codified in § 10-204 of the Transportation Article.
(d) Serious physical injury. — “Serious physical injury” means physical injury that:
(1) creates a substantial risk of death; or
(2) causes permanent or protracted serious:
(i) disfigurement;
(ii) loss of the function of any bodily member or organ; or
(iii) impairment of the function of any bodily member or organ.
…
3-203. Assault in the second degree
(a) Prohibited. — A person may not commit an assault.
(b) Penalty. — Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 2,500 or both.
(c) Officers, agents, first responders. —
(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.
(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is:
(i) a law enforcement officer engaged in the performance of the officer’s official duties;
(ii) a parole or probation agent engaged in the performance of the agent’s official duties; or
(iii) a firefighter, an emergency medical technician, a rescue squad member, or any other first responder engaged in providing emergency medical care or rescue services.
(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $ 5,000 or both.
…
3-204. Reckless endangerment
(a) Prohibited. — A person may not recklessly:
(1) engage in conduct that creates a substantial risk of death or serious physical injury to another; or
(2) discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.
(b) Penalty. — A person who violates this section is guilty of the misdemeanor of reckless endangerment and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 5,000 or both.
(c) Exceptions. —
(1) Subsection (a)(1) of this section does not apply to conduct involving:
(i) the use of a motor vehicle, as defined in § 11-135 of the Transportation Article; or
(ii) the manufacture, production, or sale of a product or commodity.
(2) Subsection (a)(2) of this section does not apply to:
(i) a law enforcement officer or security guard in the performance of an official duty; or
(ii) an individual acting in defense of a crime of violence as defined in § 5-101 of the Public Safety Article.