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It is not explicitly legal or illegal, and could be either, as several factors are involved.

In Maryland, the non-firearm weapon law Title 4-101 makes it illegal to carry a "dangerous weapon" concealed. It is not illegal to carry a "dangerous weapon" openlyunless it is carried with intent of harming another person in an unlawful manner, or if the person is under 18, it is after sunset, and said person lives in one of several counties in MD.

The tricky part is if a baton counts as a "dangerous weapon" at all. The law defines it as including a "dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku." Notice nothing resembling a baton is included in that. However, the definition does not limit itself to those named weapons, as it can be applied to almost anything. In practice though, the object has to be used in a criminal manner or there must be some sign of criminal intent. There are a couple of reasons for this:

1. "Dangerous weapon" is a vague term and thus could be ruled unconstitutionally vague by a court of law if the person was tried.

2. The law contains an exception for people who "carries the weapon as a reasonable precaution against apprehended danger." In other words, for purposes of self-defense.

3. A baton is designed to be a less-than-lethal device used to subdue rather than kill.

Therefore, the legality of carrying a baton concealed is based on the carrier's intent and the circumstances it is discovered by a police officer. A well-kept person of good moral character would likely never attract a police officer's attention in the first place, and if he or she happens to use a baton to fight off a mugger, they would likely not be prosecuted. Whereas a seedy individual with a criminal record who is caught loitering in a bad part of town might face arrest for carrying a weapon.

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14y ago

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