Is Pepper Spray Legal in Wisconsin?
By Tedia Gamino
Pepper spray is used as a means of self-defense all across the country. Since it’s considered a weapon, you’ll need to know Wisconsin state law if you plan to use this method of protection here in America’s Dairyland.
What’s in Pepper Spray?
The active ingredient in pepper spray is oleoresin capsicum (O.C.), which is an oil from the Capsicum plant and is what makes hot peppers so spicy. The higher a pepper spray’s concentration of O.C., the more intense and lasting are its effects.
Pepper spray irritates the eyes, skin, and mucous membranes, and the agitation can last as briefly as a few minutes or as long as a few hours. Inhalation of pepper spray can irritate your nose and throat, induce coughing, and make breathing difficult, which can be very harmful if you suffer from conditions like asthma or COPD.
So, Is Pepper Spray Legal in Wisconsin?
Yes, pepper spray is legal in Wisconsin, and it’s the only self-defense spray that’s legal to carry in the state. Mace, tear gas, and combinations of other chemicals, aren’t legal for the public—even if they’re mixed with pepper spray.
Here are quick facts to know about using pepper spray in Wisconsin:
- Wisconsin law limits the amount of pepper spray you can carry to 2 oz. or less.
- The allowable concentration of O.C. in pepper spray is limited to 10 percent of the contents of a product’s solution.
- You must be 18 or older to buy and own pepper spray. If pepper spray is stored in a vehicle, its driver must be over the age of 18. (It’s not a good idea to store pepper spray in your glove compartment during warmer months. Pepper spray shouldn’t be stored in temperatures above 120 degrees F).
- It’s illegal to use pepper spray in a container that’s disguised to look like something else, i.e. disguised as a can of hairspray, a writing pen, car keys, lipstick, or other such items.
- If you’ve got a felony criminal record, you won’t be able to own or carry a defensive spray like pepper spray, or a similar chemical.
Do You Need to Talk to an Attorney About a Concealed Weapons Charge in Wisconsin?
If you’ve been charged with carrying an electric weapon, like a stun gun or Taser, without a concealed carry license, call our office at 414-383-6700 to schedule a consultation with one of our experienced criminal defense attorneys who can provide the guidance you need.
By Attorney Tedia Gamino