Legal Question in Criminal Law in Maryland

Is it possible to circumvent the statues specified in Maryland's Criminal Law Article s 4-101? For instance, should one wish to carry a concealed firearm, one must simply have the necessary permit to do so. But is it possible to obtain a permit for other concealed weapons, like a swordstick (a sword concealed as a walking cane)? Furthermore, to what extent does this permit protect someone from accusations of intent to harm another?

For reference, I have included an excerpt from Criminal Law Article s 4-101:

(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.


Asked on 11/20/11, 5:19 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

There is no protection from accusations. Anyone may accuse another person of a crime any time. The whole point of a trial is to determine whether an accusation has merit. A permit does not act as a bar to accusation or prosecution.

All conduct has risks. A person accepts the risks of whatever conduct he chooses. If the conduct is proven, then the community may impose whatever consequences the law provides.

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Answered on 11/26/11, 11:26 am


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