An Introduction to Electric Weapons in Wisconsin

 Electric Weapons in Wisconsin

What are they? Are they legal?

I’ve noticed a number of people expressing an interest in acquiring and carrying electric weapons on social media.  It’s important to have an understanding of what these weapons are and the applicable laws in Wisconsin. 

What is an Electric Weapon?

 There are two types of electric weapons in common use, the stun gun and the TASER®.  While many people use the terms interchangeably, this is inaccurate.  These two devices operate differently.  I will describe stun guns in more detail than the TASER because I highly doubt many people outside of law enforcement are interested in purchasing and carrying a TASER.

Stun Gun

“Stun gun” is a generic term for an electroshock weapon that inflicts a painful electric shock on a person by direct contact.  Stun guns vary in size from quite small to large units that are incorporated into large flashlights and clubs and brass knuckle-like devices.  I own a small stun gun that can be worn on a chain around the neck that fits in the palm of my hand and measures approximately 4-inches in length and 1.5-inches in width.  

Stun guns are sometimes disguised to resemble other objects such as cellphones and lipstick.  The cost of a stun gun starts around $20 and some models are several times that amount.  Most stun guns are rechargeable similar to how you recharge your cell phone.  And like your phone, you want to keep it charged so it’s ready when you need it.  A stun gun will lose its charge over time even when not used, just like your phone. Stun guns frequently have a built-in flashlight and certainly can be used as a flashlight when unlocking doors to your home or vehicle at night.   Some also include a personal alarm siren to summon help, or flashing lights.  Many have a lanyard that fits around the wrist that is connected to a pin.  If the stun gun is pulled away from you by an assailant the lanyard pulls the pin and deactivates the stun gun so it cannot be used against you.  Since the unit cannot shock with the pin removed, it also can function as a safety measure that will prevent curious young hands from shocking themselves or others around the house.

Many stun gun manufacturers and sellers promote their products by claims of hundreds of thousand and even millions of volts of output.  This is deceptive for two reasons:  The real voltage is often much lower than the advertised voltage; and the amount of a current is not measured in volts, it’s measured in amps.  The amount of electricity actually put into a person is measured in units called coulombs or microcoulombs; that is, the amount of electricity that flows over a period of time.  They can get away with these misleading claims because there are no agreed upon industry standards and there is no government regulation of how stun guns are advertised. 

As mentioned above, a stun gun inflicts a painful electric shock when activated and in contact with a person.  So it is what is called a “pain compliance” weapon.  Movies and television do not usually portray the effects of a stun gun accurately.  In entertainment usually a person is given a quick shock and falls unconscious.  Do not expect this in real life!  In real life a stun gun hurts, and it hurts a lot.  But that’s as much as you ought to expect it to do.  Some manufactures claim that a prolonged shock of several seconds can disorient a person and make them collapse.  I am skeptical of this claim.  People who are shocked by a stun gun will not allow you to shock them for very long, they will pull away.  Only a person who is being held down or immobilized would “allow” a long shock.  There are many videos available online to demonstrate how most people react to the effects of a stun gun.  I said “only a person who is being held down...” but that’s not quite accurate.  A person who does not experience pain may not react to a stun gun’s shock.  This puts us on the topic of the weakness of a stun gun.

Stun Gun Weaknesses

All weapons have limitations and pros and cons.  Here are the cons of a stun gun that you need to know:

• They need an electric charge to operate.  They will not operate if not charged, defective, if the safety pin is not inserted.  No mechanical device is 100% reliable.  

• Stun guns only shock when in contact with a person.  This means you must be close enough to your assailant to touch them with the stun gun.  Generally it is better to maintain as much distance as possible from your attacker.    Distance from danger is your friend.

• Stun guns may have little or no effect on a person who is not pain compliant.  A severely mentally ill or highly emotional or enraged person or someone under the influence of drugs or alcohol may not experience pain.  Some people enjoy pain and are not repelled by it.  Others have toughened themselves to a point where they are able to tolerate or ignore pain.  Ask any police officer.  A person who does not experience pain in the same manner as people normally do, are among the most dangerous individuals encountered.  When pain compliance tools and techniques are not effective there is a need for a plan B.  

• Stun guns may be ineffective against a person wearing leather or thick clothing.  Aim for skin or lightly covered areas when possible.

• The extreme stress of a criminal attack or fear reduces one’s fine motor skills.  The small buttons on stun guns may be difficult to operate under the circumstances.  (Note, I have found a model that activates with a large lever-like button that one squeezes.  This requires far less fine motor skill to operate.)  Also small buttons may be difficult to locate in the dark.  Frequent practice using a stun gun will help make its use under stress easier to achieve.  Do not make the mistake of thinking because it is a simple device that in a moment of panic you will operate it without problems.  Train yourself!

Best Targets for a Stun Gun on Your Attacker

Stun guns hurt everywhere you shock, but the most effective targets are on a person's neck, under their arms, in the ribs and area of the hips and groin.  Take advantage of these most vulnerable areas if you are able.

The TASER®

A TASER, is a brand name of an electroshock weapon that is manufactured by a company called Axon, formerly TASER International.  TASERs have an appearance that is somewhat similar to a firearm and are manufactured in both police and consumer models and cost hundreds of dollars.  TASERs operate in a manner that is different from a stun gun.  A TASER uses a replaceable cartridge that contains copper wires connected to two barbed probes that shoot forward from the device when the trigger is pulled.  Compressed nitrogen is used to propel the probes.  There are both one and two shot models.  The probes penetrate the skin of a person and a modulated electric current is sent through the wires into the person’s body.  The effect of a TASER is not only great pain, but the disruption of voluntary control of the muscles.  The loss of control over one’s muscles causes the person to fall to the ground and to be incapacitated during the time the electrical current flows.  The probes travel at 180 feet per second and spread apart over distance.  In order to work both probes must penetrate the skin and be at least 4 inches apart to inflict the incapacitation shock.  Consumer models limit the wire length to 15 feet and law enforcement models have 35 feet of wire but generally must be used on someone who is at a distance of 15-25 feet.  A person who has been tased can be tased repeatedly as long as the probes remain in the skin and the device has a charge.  Some models include a “stun drive” feature which allows the divide to function as a stun gun independently of the cartridge.  A TASER also has limitations on its effectiveness and there are certain dangers associated with their use.

• Limited to one or two shots within the range of the weapon

• May not penetrate thick clothing

• Not effective if the probes do not impact over 4 inches and if only one probe penetrates

• Not always effective against people on certain drugs

• In rare cases some have trained themselves to overcome the effects of a TASER

• A person who has been hit with a TASER is fully capable of fighting as soon as the charge stops, although most will not want to risk being “lit up” a second time

• Presents a danger of serious injury to the person tased by falling from a height or onto hard surfaces or who is operating machinery or a vehicle at the time

• Can cause cause an explosion or fire in flammable or explosive environments

• Some physicians believe a TASER can cause cardiac problems that lead to death or serious injury

• The probes are sharp and present a risk of contaminating a person with blood borne disease if poked while removing the probes from another person

Electric Weapon Law in Wisconsin

Prior to the enactment of 2011 Act 35, (Wisconsin’s concealed carry law) in 2011 the possession of an electric weapon in Wisconsin was a FELONY unless the weapon was possessed by a peace officer (police), a correctional officer or a person carrying it in connection with their duties as a member of the military.  This is still true, but Act 35 created some exceptions.  Possession of electric weapons is covered in Chapter 941.295 of the statutes.  Act 35 made it legal for everyday people to purchase and possess electric weapons provided:

• The person has a valid Wisconsin concealed carry license (CCL), or recognized out-of-state concealed carry license (for non-residents).  A person with a CCL may carry an electric weapon anywhere in the state that does not have a prohibition against weapons.  Or,

• A person who is at least 18 years old and does not have a concealed carry license may possess and carry an electric weapon “for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.” But,

• If you do not have a valid concealed carry license you may NOT carry an electric weapon in public unless “the electric weapon is enclosed within a carrying case.”  To do otherwise is a Class H felony.  A Class H felony is punishable by up to six years in prison and/or up to a $10,000 fine.

• It is legal for someone 18 years of age to purchase an electric weapon, but remember, a person must be at least 21 years of age to get a Wisconsin concealed carry license or to have a non-resident's out-of-state license considered valid in this state.  

Discussion

With the ever-increasing appearance of stun guns on the racks of retail stores these last couple of points cannot be emphasized too strongly.  Electric weapons are considered “non lethal,” yet the Wisconsin legislature placed restrictions upon them that do not exist for any other type of weapon.  In general a person 18 years of age may wear or carry a gun in public (openly) without a concealed carry license and not be in violation of the law. (Make sure to stay out of so-called “gun free school zones.”)  I do not know the rationale used at the time this legislation was written.  We can debate whether it is reasonable or makes sense, but in the end it is the current law of this state.  

Because of the ease of purchasing a stun gun, one might be tempted to believe that it can be tucked into a purse or pocket and carried without restriction in the manner of pepper spray.  Unless you are truly committed to the idea of restricting your use of an electric weapon to your own home or property, or within your place of business; and committed to the idea that you will carry it in a case when elsewhere (which renders it not immediately available for use) you should not consider purchasing a stun gun or TASER.  Or, get a concealed carry license and be free of the restrictions that apply to just electric weapons in Wisconsin.

Final Note:  Purchasing Electric Weapons Online

 I have purchased a number of stun guns both in stores and online.  For a resident of Wisconsin online purchases may present problems.  Online vendors offer better prices and a wider variety of products than found in the local stores.  But⸺

Many Internet vendors will not sell or ship stun guns to Wisconsin.  It is possible that they operate unaware that the law changed in 2011, or it is possible that they are wary of the wording in the Wisconsin law about selling electric weapons.  Amazon vendors are prohibited by Amazon policy to ship to Wisconsin addresses.  Don’t bother looking on Amazon, I have argued with them to no avail.  Perhaps you can be more persuasive.  A vendor I used in the past required me to send a copy of my concealed carry license before selling to me.  Evidently they did not intend to sell to any Wisconsin resident who was not a licensee.  It doesn’t matter, because they have either gone out of business or were purchased by another business who will not ship to Wisconsin.  Most recently I have had success with a vendor out of Arizona called karatemart.com.  At the time I was writing to a number of online vendors trying to convince them it is ok to sell to people in Wisconsin.  To their credit, Karate Mart listened, consulted their legal advisor and removed Wisconsin from the list of states where they would not ship.  This is not an endorsement of their business, but a description of my experience with karatemart.com.  As an aside, the owner frequently posts videos on YouTube describing and demonstrating their products.  He is fairly objective in his reviews, pointing out both the things he likes and dislikes about the products.  His videos include some where he is voluntarily shocked by the stun guns sold, so you can see the effect of them.  He scoffed at the little neck-worn stun gun (the same that I purchased.)  But when his assistant gave him a short shock to his arm, he was no longer skeptical of the little stun gun’s capacity.  They are worth watching for entertainment value alone.  

Stay safe my friends!