Current with changes from the 2024 Legislative Session
Section 4-109 - Electronic control device(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(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 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.