Wisconsin’s Answer to TASER Legality

Wisconsin’s Laws Regarding Use of a Taser

The position of law enforcement agencies in regard to Taser weapons has evolved considerably over the years. The current legal guidance in Wisconsin regarding tasers is very similar to what the law in Wisconsin is regarding stun guns. A taser is simply a stun gun with an additional component: it uses compressed carbon dioxide gas cartridges to propel one or two wire electrodes up to 30 feet away and employs a variable pulse rate and waveform to disrupt muscle function. Aside from that difference, a taser operates much like a stun gun. The taser has been subjected to the same regulations that apply to stun guns in the state of Wisconsin.
Consistent with this understanding , tasers are regulated exactly like stun guns under Wisconsin law. The possession of a taser is not a criminal offense in Wisconsin. However, that is not to say that there are no restrictions placed on the possession and use of tasers in Wisconsin. Wisconsin statutes impose several requirements regarding the possession and use of a taser. Tasers are subject to restrictions for a reason: they are LETHAL weapons. While Tasers are marketed as less lethal weapons, this does not mean that they are not lethal. Tasers are still weapons, plain and simple. Respecting this, the state of Wisconsin places some limits on tasers, which is not uncommon in such jurisdictions.

Who Can Carry a Taser in Wisconsin?

As with all weapons, tasers are subject to certain restrictions on who can own and carry one. Wisconsin law requires you to be at least 18 years of age or older. Several tasers are sold as "training devices," these should not be considered tasers despite them looking almost identical to a real taser. Thus, any person banned from possessing a taser for any reason is also banned from possessing a taser or training device. A background check is performed on every purchaser before a taser will be sold. So if the buyer would not be eligible either because of their age or a prior conviction, they cannot buy the taser. No permit or license is required to legally own or carry a taser. Rights to bear arms is a constitutionally protected right, so there is no need to obtain a permit that may be used to prevent a lawful citizen from carrying a taser.

Use and Restrictions of a Taser

Following the 2006 election, Wisconsin became a State that now allows you to purchase non-lethal tasers. Tasers work by employing high voltages of electricity across the skin to the torso of the person being targeted. The resulting shock also incorporates a constant flow of electricity that will incapacitate the target.
In general, the legal requirements for using a civilian taser (also called a stun gun) in Wisconsin are fairly simple and straightforward. First, you must be legally able to possess a taser in Wisconsin. Federal law forbids any citizen of the United States who has been convicted of a felony to own, possess, or even visit a location where a taser is located. In Wisconsin, those persons convicted of various crimes lose the right to possess a taser.
Examples of these crimes include felonies involving violence, sexual assault, torture, kidnapping, robbery, drug dealing where weapon use was involved, false imprisonment/abduction of a child, or aggravated murder.
The second requirement in order to be legally permitted to possess a taser in Wisconsin is that tasers cannot be possessed by citizens under 18 years old. A minor is someone under age 18 in Wisconsin. Even someone who is not legally permitted to purchase a taser cannot be legally permitted to possess a taser.
There are few exceptions to the law. If you are a minor but are working as a paid employee and you have been given a permit to possess a taser at your place of employment, you are legally permitted to possess one. If you are a minor who has been validly issued a hunting license, you are permitted to possess a taser, but only while in the field. For law enforcement purposes, minors can possess a taser while on duty if they are accompanied by a full-time law enforcement officer. Minors cannot purchase or own a taser.
In terms of general requirements, it is illegal for anyone who legally possesses a taser in Wisconsin to fire one in any location outside of a shooting range, even if the intent is to merely test the equipment by shooting at something that is not alive. Tasers are also illegal within the bounds of the City of Milwaukee. They are also illegal to use on a prisoner that you are transporting even if you are using it because you concern for your safety. Tasers are also illegal in many other areas such as schools, airports, and hospitals. Tasering a police officer is forbidden, even if you are merely caught in a situation where an officer is attacking you.
If you are legally permitted to own tasers, you can sell it to persons legally permitted to own it, and you can sell or give it away to an adult or to a minor. Any sale made to minors must be made with specific written permission from their parents, guardians, or caretakers.
You cannot legally mail or transport a taser out of Wisconsin to another state. If you are in the business of functioning as a dealer of tasers, tasering weapons, or tasering devices, you must obtain a license. You are prohibited from transporting a taser across state lines even though you may have been legally permitted to do so in the state where you purchased the taser. You cannot legally use a taser unless your age is at least 18 years old. Tasers are to be used only for personal protection and are not to be used as possible torture devices for you to use on a person who you are angry with.

Penalties for Illegal Taser Use

Any illegal use of tasers, and other weapons, has the potential to lead to serious legal consequences. If an individual is found in possession of a taser, for instance, they can be charged with one or multiple offenses, such as possession of a concealed weapon, disturbing the peace, brandishing a weapon, assault, battery, making threats, or threatening physical harm. Since they are classified as "firearms," illegal tasers can also lead to state or federal firearm-related charges. Punishments for firearms-related offenses in Wisconsin include hefty fines — sometimes up to $10,000 — as well as prison time. If you charged with violating the law in regard to tasers, the penalties will vary depending on the nature of your offense and the circumstances surrounding it. For example, a conviction for illegal use of a taser against another person might lead to a felony assault charge. An assault under Wisconsin Statute 940 . 19(1) is a Class A misdemeanor, an offense punishable with a maximum of nine months in jail and/or up to $1,000 in fines. Because tasers are typically classified as deadly or dangerous weapons, you may also face charges for aggravated assault or battery, which are felonies that can result in long prison sentences of up to 25 years. Other potential charges for illegal use of a taser include aggravated assault intent to cause great bodily harm, aggravated battery intent to cause bodily harm, reckless injury-penalty enhancer with dangerous weapon, and disorderly conduct—use of a dangerous weapon. Additionally, you may be charged with possession of a concealed weapon under Wisconsin Statute 941.23 if, like many tasers available today, yours is a non-lethal electric weapon. Under subsection 941.23(2), those in violation of 941.23 could be charged with a Class C misdemeanor, which is punishable by imprisonment for up to 30 days, a fine of up to $600, or both.

TASER Safety and Best Practices

A Taser is a weapon only in the sense that it can injure or kill other people. Most non-lethal tasers can cause temporary pain and immobilize the target for a short period of time. Its use should be subject to the same basic principles that govern the use of any tactical weapon: treat it with respect; know how it is designed to affect your target; be prepared for the possibility of a malfunction, injury, or missed shot; and do not let up just because you have successfully hit the target. The location of the probes and the duration of the electrical charge to the target is critical to the intended effect of the weapon. If you are going to use a taser in any way, you must be prepared to handle the device safely, responsibly, and effectively.
Basic Taser Maintenance

• Know how to store, carry, and reload the taser.
• Know how to replace the battery and/or cartridges, if applicable.
• Know how the battery level indicators work and be able to replace batteries as needed.
• Store the taser in a holster that safely contains the device and prevents it from firing.
• Keep practice cartridges available to maintain proficiency with the use of the taser.
• Periodically check the taser to ensure it is in working order.
• Check all taser components to ensure that wear and tear do not impede its function, whether due to extended use, exposure to elements, or age.
• Have the taser serviced on a semi-annual or annual basis to ensure it remains in working condition.
• Maintain agreements with third-party providers of taser services, such as the original manufacturer, a local law enforcement agency, or an authorized service agent.
• Comply with taser service agreements by following expert advice and recommended maintenance schedules.

Storing and Carrying the Taser Safely

• Store the taser in a protective holster when not in use.
• Do not store the taser or its components in direct sunlight, in areas of high heat or humidity, or in areas where they might be subject to moving parts or processes.
• Maintain a safe distance from electrical components, such as electrical outlets or A/C power lines, when using the taser because taser probes can jump electricity at some 50,000 Volts.
• Be aware of the taser’s range when carrying the device. Note that the range is shorter when carrying a long-barreled taser.
• It is recommended that tasers be worn on any side opposite to the dominant hand. Arguably this means that a right-handed person should carry a taser on the left side of the body and vice versa for a left-handed person.
• Many tasers include a mechanism that automatically disables or enacts a sleep mode on the device, or otherwise makes the device safe to store, when the user places the weapon safety on.

Basic Taser Safety Practices

• Do not sit on a taser when in a vehicle.
• Do not put a taser in the luggage compartment of any moving vehicle, such as a police cruiser or civilian car, unless there are no live cartridges in the taser and the taser is securely stored in a holster.
• Do not stack or place objects on top of any part of the taser.
• Do not place the taser near neuromuscular devices or equipment, such as radar, microwave, sonar , and other systems that gather information, including data processing units and networks. The taser works through the emission of electromagnetic radiation. It can potentially induce damage to electronic components, systems, and devices.
• Know that tasers conduct electricity. If not properly maintained, this can cause damage to computers, networks, and other electronic devices. In addition, oppressive amounts of electricity can permanently damage the taser itself.

Basic Tasers and Wiring Best Practices

• Know how to remove, replace, and store taser batteries.
• Know how to remove and replace used taser cartridges.
• Be able to identify worn, broken, or frayed wires and other wear and tear, which can prevent or impair the use of the taser.
• Establish the frequency of safety maintenance inspections and conduct them, such as every time the taser is turned over for service or repairs, every time it is cleaned or removed from a designated holster, every six months, or every year.
• Be familiar with how to inspect the wiring and/or batteries and ensure that all are in working order when not in use.
• Know how to test wiring and/or battery function on a frequent basis.
• Be familiar with how to charge a taser that includes a charging device, and regularly check to ensure the charging system is working properly.

Basic Tasers and Components Practices

• Know how to remove, replace, and store taser batteries.
• Many tasers have an electrical contact for a charger. Be familiar with how to charge the taser before use, and ensure safely and proper charging.
• Be familiar with how to charge, install, and/or replace the taser battery. Ensure that the taser battery is charged fully prior to use, and regularly check to ensure charging is taking place securely and properly.
• Be familiar with how to operate, install, or change the live cartridge.
• Many tasers are equipped with laser sighting systems that are designed to be turned on and off remotely without removing the sight. Before use, ensure the laser sighting system is functioning properly.
• Many tasers have distance measuring systems that measure the distance between the target and the taser. Many of these systems retain the most recent measurements. These systems can help obtain proof of the distance between the taser and the target, and they should be turned on and off as needed.
• Be able to identify and safely remove, replace, and store the taser probes.
• Use proper mechanisms to clean and disinfect the taser.

Miscellaneous Tasers Usage Practices

• Do not hold the taser by its arming switch.
• Do not touch the electrodes on the taser cartridge. These electrodes contain sharp, pointed edges, which can cause cuts.
• Do not remove any knife associated with the taser until after use. Use only the manufacturer’s approved knife for this purpose.
• Know how the taser presents or projects electrical energy first manufactured. Older and earlier models differ in this regard.
• Be familiar with how much electrical energy the taser presents from a safe distance from the firing position to the firing position. For example, many electrical conductors project energy at 30-60 feet; some are 15-20 feet.