Description of Mace and Its Applications
Mace, a self-defense tool that is often used to ward off criminals, was actually created over 25 years ago by combining two different ingredients. The first ingredient was an oil known as oleoresin capsicum, a substance that caused irritation to the eyes and throat, as well as to the skin around the mouth and nose. The second ingredient was a milder substance that would act as a solvent for the oleoresin capsicum and help the oil to instantly evaporate. This combination created a formula for a safety canister that sprayed continuously as the canister released its contents into the air.
Today, the most recognized form of Mace is a small aerosol canister that, like the Mace used in the past , contains both oleoresin capsicum and a "carrier" substance that allows the agent to spray from its nozzle. Perhaps most important about Mace in terms of its use, though, is that it truly is designed to be used as a tool to safely defend oneself against perpetrators. In fact, instructing users on how to protect themselves with Mace has remained an essential part of the manufacturer’s philosophy since the 1960s.
While not all citizens feel the need to carry a firearm for protection, an increasing number of individuals do feel the need to carry an alternative tool for self-defense either on their persons or in a place in which they can access it quickly. Although many self-defense experts stress that Mace is not a fool-proof means of defense, they agree that it is indeed a useful substance to keep on hand in case of an emergency.
Current Maryland Mace Laws
In Maryland, the possession and use of mace is regulated under a complicated set of laws. Individuals can legally purchase mace, also known as tear gas, from a retail store without a permit. However, there are a few important exceptions and distinctions based on the quantity of the mace cartridge purchased, as well as the type of mace involved.
Under Maryland Criminal Law § 4-205(a) the State prohibits the use of a mace cartridge that is designed to fire directly or horizontally at another person, or that is loaded with a projectile that can be fired at another person. The law also makes it a crime to possess, carry, or use a "sawed off" version of a mace cartridge.
A person who violates the provisions of § 4-205(a) is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 or imprisonment for a period not exceeding 90 days or both. Further, a violation of this provision carries a mandatory minimum penalty of $250.
However, Individuals aged 18 or older, are permitted under Maryland Criminal Law § 4-205(b) to use, possess, transport, buy, sell, or receive a mace cartridge loaded with a projectile device, as defined in § 4-201(e). This provision allows an adult to legally carry a mace cartridge containing a projectile that is designed to break up into multiple parts on impact to maximize damage or pain inflicted on another person.
Legally, a "mace cartridge" is defined under Maryland Criminal Law § 4-201(c) as any canister or other container of no more than three ounces that contains a mixture of materials, including: In addition, valid forms of mace are restricted to canisters that are mounted as a part of a person’s package of clothing or in a handbag, purse, briefcase, or similar item carried by the person.
A person violates § 4-205(d), and is guilty of a misdemeanor, if the person possesses, sells, or transports mace in a quantity greater than three ounces or if the person knowingly possesses tear gas. A violation of § 4-205(d) carries a mandatory minimum penalty of $250.
Employing the same definition of a "mace cartridge" as above, Maryland Criminal Law § 4-205(e) makes it a crime to display a canister or other container of more than three ounces of tear gas in a public place intended for use as a weapon against another person. An individual found in violation of § 4-205(e) is guilty of a misdemeanor and is subject to a fine not exceeding $500. A violation of § 4-205(e) carries a mandatory minimum penalty of $250.
Practically, the various cracks in Maryland law regarding the distinction between mace and a sawed-off mace cartridge are likely to be swept away by the enactment of SB 267. If passed, the new law would revise the definitions of "mace," "tear gas," and "pocket or purse spray device," to update the phrase "audiovisual warning solid stream." This change is important because the language that follows in the current law targeting individuality but relates only to "solid stream" will be removed and then replaced with the new definitions. In short, the change provides additional clarity to the law and removes haphazard distinctions that carry criminal penalties based on the shape of the spray device.
Comparison to Laws Nationwide
The legality of Mace varies from one state to another, and in many cases, local law may further restrict the use and ownership of such devices. In order to give readers an idea of where Maryland stands in terms of the national average, this section touches on the laws of neighboring states, some other U.S. states, and the District of Columbia.
Among the District of Columbia, New York, Pennsylvania, Virginia, and West Virginia, all but D.C. allow for Mace to be kept in residences for self-defense. The rules vary slightly, and all of these states have their restrictions. For example, New York permits "self-defense spray devices" with a capacity of 0.75 ounces or less, while Virginia supports the use of "personal protection spray devices." Very limited exceptions apply to D.C.’s prohibition on Mace, which applies to a small set of workers. Meanwhile, some of these other jurisdictions, such as Washington State, do not even try to prohibit Mace in the home for self-defense.
Penalties for Unlawful Use of Mace
Under Maryland law, it is a misdemeanor to use mace against a person or their property. This is codified by Md. Code Criminal Law § 3-405 — Generally, which states that a person may not "maliciously and intentionally" throw or otherwise release mace or a similar substance at another person or on his or her clothing or vehicle.
"Mace" is defined by the law as "the same substance as the remaining gases resulting from a chemical interaction of the [three listed ingredients in § 3-401] in the presence of air."
A conviction for maliciously releasing mace carries a sentence of "imprisonment not exceeding 90 days or both a fine not exceeding $500" and restitution "for any pecuniary loss caused by the alleged act." Md. Code Criminal Law § 3-406 — Maximum penalty. However, if convicted, the offender can also be forced to attend a drug, alcohol, or drug and alcohol education or treatment program. Md. Code Criminal Law § 10-108 — Drug, alcohol, or drug and alcohol education or treatment program ordered by court; nature and duration. If violence or human degradation is "intentionally used" in the use of the mace or in maliciously releasing it, a maximum sentence of 10 years in prison and a $50,000 fine. Md. Code Criminal Law § 3-606 — Penalty. Human degradation means harassment by reasons of race, religion, color, national origin, sexual orientation, or other protected statuses.
Requirements for Legal Carrying
Maryland state law employs the terminology "chemical mace," "pepper mace," and "tear gas device" interchangeably. The law permits personal possession and use of these self-defense products by any person over the age of 16. The only additional restrictions are that the product must be contained in canisters that have a capacity no greater than 50 cubic centimeters (or 50 milliliters) and are manufactured with an ingredient that causes a person to experience a temporary loss of facial control. Maryland Criminal Law Code § 5-601 e (1).
Possession of a mace product by a person under the age of 16 does not constitute a violation so long as the product is used by that person only if needed to prevent injury to himself or herself. MD Criminal Law Code § 5-611.
Note that there are more stringent use and possession restrictions in Baltimore County. There are more stringent use and possession restrictions in the City of Annapolis (with the exception of home rule employees of federal , state or local government). Baltimore City prohibits use or possession of these products anywhere within its city limits. A person guilty of violating the prohibition is subject to a fine up to $500. Often the provisions of local law will be stricter (and will vary from one jurisdiction to another) than state law, which will be more or less uniform statewide.
Advice on Safely Using Mace
If you are legally permitted to carry any form of mace in Maryland, there are some safety tips and best practices you should follow to protect yourself and those around you.
First and foremost, only carry mace if you have been trained on how to use it and understand the consequences for improper use. Having the proper training will prepare you for what to expect if you ever have to use it in a situation where it may be necessary.
Second, make sure that you always know how to use your mace canister quickly. While you may not ever be in a situation where you need to use it, if you ever are the ability to quickly utilize the mace canister could have an enormous impact on the situation.
Finally, if you ever need to use your mace canister in a self-defense situation, be sure to report the incident to police right away. This will allow you to establish that your use of the canister was lawful and necessary for your protection. The sooner you report the incident to the police, the more likely it will be that they will be able to follow up with the other people involved in the matter, such as the alleged attacker, witness to the incident or other people. While calling the police immediately does not guarantee that they will follow up on the case, if you do not call the police until days or weeks later, it is highly unlikely an investigation will even be performed.
Where to Find Legal Assistance
For Maryland residents seeking further legal support on mace-related queries, several resources are available to assist with questions or concerns.
Legal Aid Bureau, Inc – A private non-profit corporation operating the largest provider of quality civil legal services to low-income individuals and families in Maryland. With 12 offices across the state, this organization provides free legal consultations and representation for eligible Maryland residents .
Maryland Volunteer Lawyers Service – MVLS helps low-income Marylanders navigate the civil legal system, including questions relating to self-defense weapons and their legality under Maryland law. They offer free legal advice over the phone, and an extensive library of legal resources on their website to help you with all sorts of civil legal issues.
Maryland Attorneys – The Maryland State Bar Association refers legal questions and concerns to trusted law firms in the state. A directory is available for individuals to find a local attorney that can provide consultation and guidance on mace use in Maryland.