§ 59-28. Electronic control devices.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) "Electronic control device".
"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.
(3) "Adjudicated as a mental defective".
"Adjudicated as a mental defective" means a determination by a court, board, commission, or other lawful authority, that, as a result of marked subnormal intelligence, mental illness, incompetency, condition, or disease, a person:
(i) is a danger to themselves or to others; or
(ii) lacks the mental capacity to contract or manage his or her own affairs.
(4) "Mental disorder".
(i) "Mental disorder" means a behavioral or emotional illness that results from a psychiatric disorder.
(ii) "Mental disorder" includes a mental illness that so substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another.
(5) "Protective order".
"Protective order" means a temporary or final protective order entered under the authority of Maryland Code, Family Law Article, §§ 4-505 and 4-506.
(b) Possession or sale, etc., prohibited.
In addition to all State law prohibitions and penalties on the sales of electronic control devices, including no sales to minors, no sales to those convicted of certain crimes, and no sales without background checks, it is unlawful in the City:
(1) for any person to possess an electronic control device in a:
(i) public school;
(ii) State public building; or
(iii) City public building;
(2) for any person to sell or ship an electronic control device to any other person knowing or having reasonable cause to believe that the other person has been:
(i) adjudicated as a mental defective; or
(ii) committed to any mental institution;
(3) for any person to possess an electronic control device if the person suffers from a mental disorder and has a history of violent behavior against themselves or another; and
(4) for any person subject to a protective order to possess an electronic control device for the duration of the protective order.
(c) Exceptions.
Nothing in this section shall be held to apply to any member of the Baltimore City Police Department or any other law enforcement officer while in the performance of his or her official duty.
(d) Penalties.
Any violation of the provisions of this section shall be deemed to be a misdemeanor, subject upon conviction to a fine of not more than $1,00 or to imprisonment for not longer than 12 months or to both fine and imprisonment, in the discretion of the Court.