Article - Criminal Law
(a) (1) In
this section the following words have the meanings indicated.
of violence” has the meaning stated in § 14–101 of
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
(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) 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
(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.