Wisconsin law concerning pepper ball guns (launchers)

[Subjection1]

It could take a few days to get a response.

I actually got one today. Here it is:

Good morning,
Like you, I am not finding any conclusive information on the of this type of projectile.
We can point you to references in the law that may be useful but as non-attorneys we cannot interpret or draw a conclusion about these items.
Here are the statutes I reviewed:

Pepper spray:
941.26(4)
https://docs.legis.wisconsin.gov/statutes/statutes/941/iii/26/4
Chapter 941 - in general: (includes information on weapons / firearms, etc)
https://docs.legis.wisconsin.gov/statutes/statutes/941.pdf

Chapter 175 - Misc. Police Provisions -- this chapter includes information on concealed weapons and also defines certain weapons.
https://docs.legis.wisconsin.gov/statutes/statutes/175.pdf

I also reviewed 2021 proposed legislation to see if I could find any newly introduced text on these types of items. I did not see anything.
Be aware that in 2013, the legislature eliminated the Dept. of Justice's authority to create administrative rules surrounding pepper spray. See:
https://docs.legis.wisconsin.gov/code/register/2019/767b/register/cr/cr_19_063_rule_text/cr_19_063_rule_text
and
https://docs.legis.wisconsin.gov/code/chr/all/cr_19_063 (procedural history and notes)

Thank you,

Wisconsin State Law Library Reference Services
http://wilawlibrary.gov/ | email: [email protected]
Direct: 608-267-9696 | Toll Free: 800-322-9755 (current phone hours: Monday-Friday, 8:30-4:30)
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[Subjection1]

It's interesting that the last couple links indicate that the legal restrictions Wisconsin supposedly has on OC spray (and maybe pepper balls) aren't actually in effect anymore, which leads me to wonder why those laws are still there.
Also, Amazon won't ship them to Wisconsin, so they must know something.

 

[quincy]

It's interesting that the last couple links indicate that the legal restrictions Wisconsin supposedly has on OC spray (and maybe pepper balls) aren't actually in effect anymore, which leads me to wonder why those laws are still there.
Also, Amazon won't ship them to Wisconsin, so they must know something.

I am happy to hear you received a response, even if the response does not provide much of an answer to your original query.

You could check to see how the pepper balls differ in content from the amount of legally-permitted liquid in pepper spray.

You also could consult with a criminal defense attorney in your area - but you should be prepared to pay for the time the attorney spends on research.

Or, you could simply tell your dad that a pepper ball launcher is a poor investment and buy him pepper spray.

Good luck.