Pepper Spray Laws
Is Pepper Spray Legal In WISCONSIN?
Pepper spray in WI is Legal with Restrictions.
Legal with Restrictions Wisconsin exempts OC (oleoresin capsicum) spray and CS gel devices from the state's general weapons-restriction statute, so civilian purchase, possession, and carry is legal subject to the points below. Wis. Stat. Section 941.26(4)(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." Primary source: https://docs.legis.wisconsin.gov/document/statutes/941.26 Age minimum: Sale to a person under 18 is a Class C forfeiture (Section 941.26(4)(g)); possession by a person under 18 is a Class E forfeiture (Section 941.26(4)(k)), except where a parent, guardian, or legal custodian provided the device to the minor. Size/concentration limit: No current statutory or regulatory limit on OC concentration, weight, or spray range applies. Wisconsin previously regulated these by administrative rule (Wis. Admin. Code ch. Jus 14), but that chapter was repealed and is expressly unenforceable as a result of 2013 Wisconsin Act 77 and Section 941.26(4)(m). Sellers must still provide proper labeling and written safety instructions with each sale; selling without them is a Class A misdemeanor (Section 941.26(4)(j)). Carry restrictions: A person previously convicted of a felony may not possess an OC/CS device (Class A misdemeanor), unless pardoned (Section 941.26(4)(L)). Intentional use of the device to cause bodily harm is a Class A misdemeanor, subject to the self-defense privilege under Wis. Stat. Section 939.48. Using the device against a peace officer known to be acting in an official capacity, or using or threatening it during commission of another crime to incapacitate someone, is a Class H felony (Section 941.26(4)(d), (e)). This is general information, not legal advice. Laws change. Confirm current requirements with Wisconsin authorities or your own counsel before purchasing or carrying.