Wisconsin Statutes 941.295 – Possession of electric weapon
Current as of: 2023 | Check for updates
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Attorney's Note
Under the Wisconsin Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class H felony | up to 6 years | up to $10,000 |
Terms Used In Wisconsin Statutes 941.295
- Following: when used by way of reference to any statute section, means the section next following that in which the reference is made. See Wisconsin Statutes 990.01
- Land: includes lands, tenements and hereditaments and all rights thereto and interests therein. See Wisconsin Statutes 990.01
- Officers: when applied to corporations include directors and trustees. See Wisconsin Statutes 990.01
- Person: includes all partnerships, associations and bodies politic or corporate. See Wisconsin Statutes 990.01
(1c) In this section:
(a) “Electric weapon” means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.
(b) “Licensee” has the meaning given in s. 175.60 (1) (d).
(c) “Out-of-state licensee” has the meaning given in s. 175.60 (1) (g).
(1m) Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony.
(2) Subsection (1m) does not apply to any of the following:
(a) Any peace officer. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.
(b) Any armed forces or national guard personnel while on official duty.
(c) Any corrections personnel in a county or in the department of corrections while on official duty.
(d) Any manufacturer or seller of electric weapons, unless the manufacturer or seller engages in the conduct described in sub. (1m) with the intent to provide an electric weapon to someone other than one of the following:
1. A person specified in pars. (a) to (c), a person specified in sub. (2g) (c), a licensee, or an out-of-state licensee.
2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.
(e) Any common carrier transporting electric weapons.
(2g) The prohibition in sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following:
(a) A licensee or an out-of-state licensee.
(b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.
(c) An individual who has a license or permit issued under s. 440.26, who is on official duty, and who may carry a firearm under rules promulgated under s. 440.26 (3m).
(2r) The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the following:
(a) A licensee or an out-of-state licensee.
(b) An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.
(3) During the first 30 days after May 7, 1982, the electric weapons may be surrendered to any peace officer. Peace officers shall forward electric weapons to the crime laboratories if the retention of those weapons is not necessary for criminal prosecution purposes.