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941.295

941.295 Possession of electric weapon.

941.295(1)

(1) Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony.

941.295(2)

(2) Subsection (1) does not apply to:

941.295(2)(a)

(a) Any peace officer. Notwithstanding s. 939.22 (22), for purposes of this paragraph, peace officer does not include a commission warden who is not a state-certified commission warden.

941.295(2)(b)

(b) Any armed forces or national guard personnel while on official duty.

941.295(2)(c)

(c) Any corrections personnel in a county or in the department of corrections while on official duty.

941.295(2)(d)

(d) Any manufacturer or seller whose electric weapons are used in this state solely by persons specified in pars. (a) to (c).

941.295(2)(e)

(e) Any common carrier transporting electric weapons.

941.295(3)

(3) During the first 30 days after May 7, 1982, the electric weapons may be surrendered to any peace officer. Peace officers shall forward electric weapons to the crime laboratories if the retention of those weapons is not necessary for criminal prosecution purposes.

941.295(4)

(4) In this section, "electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.

941.295 - ANNOT.

History: 1981 c. 348; 1985 a. 29 s. 3200 (35); 1989 a. 31, 56; 2001 a. 109; 2007 a. 27, 128.