Wisconsin law concerning pepper ball guns (launchers)

[Subjection1]

What is the name of your state? WI

I've just learned about guns (referred to by the manufacturers as "launchers") that are much like paintball guns, but instead of plastic balls that contain paint, they contain the liquid that pepper spray has, and are a self defense item. They can also launch inert rounds that are just plastic balls with talcum powder in them for practice.

I heard that they may not be legal in all places. I looked up laws on the subject, and discovered that Wisconsin has the strictest laws regarding pepper SPRAY, but there are never any references to pepper ball launchers. I can't find any word on pepper ball devices in Wisconsin law sites at all. Even when I specifically type in "pepper ball launcher wisconsin law" in Google, all I get are websites referring to pepper spray.

Does anyone here have familiarity with this subject?

 

[Just Blue]

https://docs.legis.wisconsin.gov/statutes/statutes/941/iii/26

 

[Subjection1]

https://docs.legis.wisconsin.gov/statutes/statutes/941/iii/26

Thanks!
Well, I see a couple things here:

First is this one:
(b) Except as provided in sub. (4), no person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for use to cause bodily discomfort, panic, or damage to property.

So I scrolled down to sub. (4), and found this:
(a) Subsections (1g) to (3) do not apply to any device or container that contains a combination of oleoresin of capsicum or CS gel and inert ingredients but does not contain any other gas or substance that will cause bodily discomfort.

That seems to apply to what I'm asking about. Since it doesn't appear to make illegal what I'm asking about, it looks ok initially. But then right under that statement, it says this:
(b) Whoever intentionally uses a device or container described under par. (a) to cause bodily harm or bodily discomfort to another is guilty of a Class A misdemeanor.
(c) Paragraph (b) does not apply to any of the following:
941.26(4)(c)1.1. Any person acting in self-defense or defense of another, as allowed under s. 939.48.

Does this mean that it's allowed, but with a different penalty to whatever is being described in the first one (b)?
But then (c) seems to say that the ones above don't apply if used in self defense. But what about ownership? That has to be legal first.

 

[quincy]

Have you thought to ask your local police about the legality of pepper ball launchers?

 

[Subjection1]

Have you thought to ask your local police about the legality of pepper ball launchers?

I've called them to ask about legality of things before, and their response to me was, "We don't give legal advice". I had thought they would be legal experts since they'd be the ones arresting me if I went afoul of a law. But they didn't seem interested in telling me what the law was in advance so I could make sure to stay within it.
But yeah, they should certainly know the answer. They just don't seem to want to tell me about it.

 

[Just Blue]

I've called them to ask about legality of things before, and their response to me was, "We don't give legal advice". I had thought they would be legal experts since they'd be the ones arresting me if I went afoul of a law. But they didn't seem interested in telling me what the law was in advance so I could make sure to stay within it.
But yeah, they should certainly know the answer. They just don't seem to want to tell me about it.

Have a short consult with a criminal defense attorney...you can go to WI State Bar Association for a referral. The consult may be at a discounted rate if you go through the bar assoc. ($50.00 ish)

As an aside: The police really can't give legal advice as they aren't attorneys.

 

[Zigner]

As an aside: The police really can't give legal advice as they aren't attorneys.

Agreed. However...one would think that they could say if they'd arrest a person for carrying a specific item.

 

[quincy]

Subjection1, you probably can find out if pepper ball launchers are legal to own and/or to carry through one of the following links:

https://wilawlibrary.gov/topics/assist.php

I don’t quite see the need for a pepper ball launcher. If you are concerned about your personal safety, you could simply carry legal-sized pepper spray.

 

[Subjection1]

Subjection1, you probably can find out if pepper ball launchers are legal to own and/or to carry through one of the following links:

https://wilawlibrary.gov/topics/assist.php

I don’t quite see the need for a pepper ball launcher. If you are concerned about your personal safety, you could simply carry legal-sized pepper spray.

It's actually my Dad (who is 81) who was thinking about it. The advantage over a spray is that it would reach out much further and wouldn't be as affected by wind. Personally, I think a firearm would be a simpler and more effective way to go. Maybe cheaper too. The pepperball gun costs $400, which I think is quite high for what it is. Reviews on Youtube show that a person wearing a jacket could defeat it because the ball just bounces off. It has to hit something hard to break apart.

Also, thank you for the link. I went to it and submitted my question there.

 

[Zigner]

It's actually my Dad (who is 81) who was thinking about it. The advantage over a spray is that it would reach out much further and wouldn't be as affected by wind. Personally, I think a firearm would be a simpler and more effective way to go. Maybe cheaper too. The pepperball gun costs $400, which I think is quite high for what it is. Reviews on Youtube show that a person wearing a jacket could defeat it because the ball just bounces off. It has to hit something hard to break apart.

Also, thank you for the link. I went to it and submitted my question there.

It could be argued that the farther away a person is, the less appropriate such use of force would be.

 

[Subjection1]

It could be argued that the farther away a person is, the less appropriate such use of force would be.

That's true. I know that it's generally accepted to be around 21 feet.

 

[Zigner]

That's true. I know that it's generally accepted to be around 21 feet.

There is no set distance - it all depends on the circumstances surrounding the matter.

 

[quincy]

It's actually my Dad (who is 81) who was thinking about it. The advantage over a spray is that it would reach out much further and wouldn't be as affected by wind. Personally, I think a firearm would be a simpler and more effective way to go. Maybe cheaper too. The pepperball gun costs $400, which I think is quite high for what it is. Reviews on Youtube show that a person wearing a jacket could defeat it because the ball just bounces off. It has to hit something hard to break apart.

Also, thank you for the link. I went to it and submitted my question there.

I would be interested in hearing back from you on what you learn.

While I like the idea of pepper balls/pepper spray better than bullets, and I can understand your father’s concern for his personal safety, I would think handheld pepper spray would be sufficient to ward off an attacker.

Whatever you learn about the legality of pepper ball launchers, I hope your father is never put in a position where he has to defend himself.

 

[Subjection1]

I would be interested in hearing back from you on what you learn.

While I like the idea of pepper balls/pepper spray better than bullets, and I can understand your father’s concern for his personal safety, I would think handheld pepper spray would be sufficient to ward off an attacker.

Whatever you learn about the legality of pepper ball launchers, I hope your father is never put in a position where he has to defend himself.

Me too. He's never liked guns, but I think he's becoming more concerned now while seeing so much more brazen criminal behavior in the news these days.
I'll let you know if I get a reply from the law library. I wrote yesterday but haven't heard anything yet.

 

[quincy]

Me too. He's never liked guns, but I think he's becoming more concerned now while seeing so much more brazen criminal behavior in the news these days.
I'll let you know if I get a reply from the law library. I wrote yesterday but haven't heard anything yet.

It could take a few days to get a response.