Q: Is an inoperative Byrna Launcher a dangerous weapon in Maryland?
I am facing charges of 2nd-degree assault, and two other charges related to a "dangerous weapon." I showed a Byrna Launcher to a would-be attacker, but I never aimed it at the individual, and it was inoperative with an empty or missing gas cartridge. Under Maryland law, is an inoperative Byrna Launcher considered a dangerous weapon?
A: It can be, but it depends on the exact charges, which you do not identify. However, you are charged with a criminal offense, and you should not be asking questions on a public forum like this accessible by law enforcement, especially with details that can easily be used to identify you (like 2d degree assault with a "Byrna Launcher"). You risk providing admissions that can be used against you--e.g., you just admitted that you possessed and displayed a "Byrna Launcher" to someone whom you were in a confrontation with, "a would-be attacker," clearly for the purpose of intimidation (yes, I know you are claiming self-defense to scare him off, but that is a very fact-specific defense that requires a lot more detail than what you have stated). The State no longer needs to prove either of those two elements of the offense, since you just did it for them. You need a lawyer, and you should only have these conversations in private, which makes the conversation and anything you say "privileged" and not subject to discovery or disclosure by the prosecutor's office.
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