Understanding Weapons Laws in Wisconsin
Wisconsin has a patchwork of weapons laws that apply to different types of weapons. The general rule is that you must have a concealed carry permit to possess or carry a stun gun, although with certain exceptions. Otherwise, a stun gun is generally treated as any other unpermitted weapon would be.
Wisconsin law distinguishes weapons, and uses these categorizations to determine the penalties for illegal possession, use, or transport of weapons. Under Wisconsin law, weapons are divided into three categories: firearms, knives, and clubs. Firearms are any weapon, including the frame or receiver, with barrel length of 12 inches or more or of any length that can be concealed and that uses controlled ammunition . Knives include dirks, daggers, stiletto knives, and any concealed, switchblade or automatic knife, or any knife possessed through media or the internet if that knife conceals a blade longer than 4 inches. Other general categories of weapons are prohibited weapons, which are generally prohibited unless otherwise authorized by statute. Wielded or brandished weapons include those used or carried in a manner creating an unreasonable risk, and weapons that shoot projectiles include dart throwers, spud guns, and paint ball guns. The possession, use, or transportation of a weapon of any of these types is generally prohibited in Wisconsin.
Are Stun Guns Allowed in Wisconsin?
Yes, stun guns are considered legal if you are 18 years of age or older in the state of Wisconsin. Wisconsin case law did not consider stun guns as firearms and thus the prohibition against carrying concealed weapons did not apply. See State v. Hammil, 472 N.W.2d 206 (Wis. Ct. App. 1991). As of March 14, 2011 Wisconsin’s law became quite specific and defined stun guns as prohibited weapons and regulated their possession. See Wis. Stat. §941.25.
No person may use, manufacture, sell, transport, possess or have under his or her control any electric weapon that is not a firearm if the electric weapon does not fire an arrow, bolt, or other projectile. Section Wis. Stat. §941.25(1). There is an exception in Wis. Stat. §941.25(2) that permits a person who may not possess or have under his or her control a firearm to still possess or have under his or her control an electric weapon that is not a firearm if the electric weapon does not fire an arrow, bolt, or other projectile and if the electric weapon is not designed or altered in a manner that renders it likely to cause death or great bodily harm.
Under Wis. Stat. §941.23(4) the term electric weapon that is not a firearm means "an electric weapon that does not fire an arrow, bolt, or other projectile to incapacitate a person by administering an electric current to the person using wires attached to the electric weapon or another person using wires that the user has attached to an object that the user throws or otherwise projects toward that person." Stun guns that do not fire an arrow, bolt, or other projectile to incapacitate a person by administering an electric current to the person using wires attached to the electric weapon fall under this definition.
Limits on the Use of Stun Guns
While stun guns are legal in Wisconsin, there are some restrictions. For instance, a person under the age of 18 may not purchase, own, carry, or possess a stun gun. Further, no stun gun may be possessed by any individual who has been convicted of a crime that prohibits the possession of a firearm. Even in adults, individuals who have committed crimes punishable by imprisonment of 1 year or greater, or have been convicted for a 2nd time of 3rd degree sexual assault may not legally possess a stun gun. Any individual who possesses a stun gun is required to show it to law enforcement after a use against another individual, police officer, or firefighter. In addition to outright bans in certain locations, stun guns may not be carried into government buildings, hospitals, schools, prison facilities, correctional institutions, or on public buses.
Criminal Penalties for Misuse
Misusing a stun gun can land you in hot water, both on civil and criminal fronts. If you’ve hurt someone, even accidentally, with an electronic weapon, monetary damages may follow. Santa Delights, a case I worked as a law clerk on during law school, is an example of civil penalties. The defendant, a retail store owner, had accidentally left a stun gun charger plugged in near a large metal roller door. When a customer touched the door to enter the store, the stun gun shock caused her to knock herself unconscious. Her injuries required medical care; her doctor provided testimony and opinions at trial about the incident. Ultimately, a jury held the defendant liable for damages and awarded the victim $52,000. Under Wisconsin law, you might face a fine or prison time, or both, if you seriously injure another person. For example, a person who "intentionally causes bodily harm to another by the use of electric current" may be convicted of a Class I felony resulting in a fine of up to $10,000 and as many as three years of imprisonment. This is true even when the victim initiates the confrontation and the stun gun use is in self-defense. The penalties get stiffer when it is a child who is injured, even if you used a stun gun on a person 18 or older. For example, if a stun gun operator uses a stun gun on a 17-year-old shoplifter at her store, the operator could be convicted of a Class H felony. Class H felonies carry a maximum $10,000 fine and a prison sentence of up to six years.
Stun Gun Laws Compared to Other States
When comparing Wisconsin laws on stun guns to other states, they are mostly in line with the majority of states’ laws. The major differences occur in the context of what type of permit (if any) is required for possession or sale of stun guns. Most states, like Wisconsin, do not place restrictions on stun guns when sold in stores. Only Vermont requires a license for the sale of stun guns.
Connecticut, Texas, and South Carolina all have stricter laws than Wisconsin and restrict ownership of stun guns by age. Connecticut prohibits permits for individuals under the age of 21 , and limits the sale of stun guns to the person if the firearm is registered to them. Texas prohibits stun gun possession by anyone under the age of 18. South Carolina, while not explicitly prohibiting stun gun possession by anyone under 18, requires a permit to purchase a stun gun and restricts permits to those who are 18 and older. There is no minimum age requirement for stun gun possession in Wisconsin statewide.
In Utah, while there is no minimum age for stun gun possession without written permission of a parent or guardian, stun gun ownership is restricted to individuals 18 and older in most counties, including Milwaukee. The only county in Wisconsin that restricts stun guns and tasers is Milwaukee County.
Recent Legislative Changes
In recent years, discussions surrounding the legality of various forms of self-defense tools have gained traction, aiming to balance individual safety measures with public safety. The legal landscape in Wisconsin has similarly evolved to reflect these prevailing trends.
The recent passage of Assembly Bill 129 has significantly shifted the legal boundaries for stun gun ownership within state borders. The bill, which came into effect earlier this year, removes the prohibition on using or possessing electric weapons, including stun guns and tasers, in Chapter 941. As a result, previous restrictions on the use of such weapons in public spaces are rendered moot. However, even prior to the bill’s passing, the legality of wearing and using a stun gun did not traditionally fall under serious criminal charges.
The motivation for individuals to carry stun guns or similar electrical weapons may differ. For some, these weapons serve as an essential component of their profession, while others may choose to invest in one for personal reasons. In either case, residents of Wisconsin will be able to more freely use stun guns as self-defense tools—an option that provides a comforting alternative to firearms.
The new legislation is anticipated to expand the availability of stun guns across Wisconsin, yet meticulous oversight regarding their application is crucial and remains critical. Despite no indication of increased stun gun sales at this point, the trade will likely see a gradual surge in the future. Specifically, current Packers quarterback Aaron Rodgers penalized a trespasser with a stun gun last year who intruded upon his residence after failing to respond to alleged warnings.
Following its passage and subsequent signing by Governor Scott Walker this past year, Assembly Bill 129 cleared all political and legal hurdles and became law. This empowers private citizens to use stun guns in situations of self-defense. As such, the notion of selling and using stun guns in Wisconsin is no longer a concern. With the law change, the widespread use of the tools for personal and professional purposes now appears inevitable.
Polling Opinion and Safety Concerns
Concerns over stun guns go beyond just potential changes in Michigan law. Wisconsin residents have also been vocal in the past on some issues surrounding the use of these weapons, from vantage points well beyond a courtroom.
The Wisconsin Public Policy Forum released a report on September 28, 2016, entitled "A Million Uses for an Electric Shock – The Promise and Perils of Stun Guns." While it is a lengthy piece with much more information than is on display here, one of the most interesting parts of the report is the review of a survey distributed to Milwaukee County residents on the issue. Through the study, they found that a Strong Concern about the use of stun guns far outweighed any Strong Support:
Of the strong conservatives in the area, 46.9 percent "strongly agree" with the statement "Stun guns should be legal in all cases." On the other hand, 31.5 percent "strongly disagree." Although they may support the use of stun guns more or less, most agree that rules and regulations should be put into place.
Of those surveyed, 68.2 percent "strongly agree" with the statement "Stun guns should be legal only in cases where a person feels under threat of physical harm." Even more interesting, "only half of 2nd Amendment-supporting respondents agreed with the statement."
Concerns went beyond just those living in Milwaukee county. The study cites a report called "Weapons in the Workplace: A Serious Concern." This report says that "81% of employees feel that their safety is threatened by the possibility of violence at work." The study also cites a poll conducted in Madison, conducted in response to a series of sexual assaults against UW-Madison students, where "89% of those polled supported allowing people to have stun guns, . . . . ."
While information is consolidated in many parts of the report, it is encouraging to see public sentiment on some of the issues.
Obtaining and Possessing a Stun Gun in Wisconsin
For individuals looking to buy a stun gun in Wisconsin, it is important to keep in mind that there are few options available due to state laws being reasonably restrictive. Stun guns and Tasers are legal to possess in Wisconsin. They generally fall within the general definition of a "weapon" as defined within the statutory code, which may potentially make them illegal to carry concealed. However, persons are allowed to possess, open carry or conceal these weapons under Act 50 if the stun gun is not exposed, if they are not using the stun gun in a way that creates alarm, fear or substantial disturbance and if they are not violating any other law. It is best to wear a firearm, stun gun, electrical weapon, knife or billy club openly to avoid any issues.
Like with most weapon possession laws , the possession of certain weapons becomes illegal due to the experience of the person possessing the weapon. In other words, if you have been convicted of a felony, you may not be permitted to own a stun gun or Taser.
Possessing a stun gun in the home for self-defense is generally legal as long as the person who possesses the weapon does not violate any other law. Persons who use or threaten to use force with a stun gun or Taser as a means of self-defense against an intruder or attacker will potentially have a legal defense if they are charged with violating the weapons laws.
If you are considering purchasing a stun gun or Taser in Wisconsin, consider the following retailers: Walmart, Dicks Sporting Goods, Academy Sports, Red Dot, The Home Depot, EBay, Amazon and many others.