Wisconsin Statutes
Wis. Stat. § 941.295 (2026)
Possession of electric weapon
✓ current as of July 2026
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941.295(1c)(a)(a) “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(1m)(1m) Whoever sells, transports, manufactures, possesses or goes armed with any electric weapon is guilty of a Class H felony.
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)(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 of electric weapons, unless the manufacturer or seller engages in the conduct described in sub. (1m) with the intent to provide an electric weapon to someone other than one of the following:
941.295(2)(d)1.1. A person specified in pars. (a) to (c), a person specified in sub. (2g) (c), a licensee, or an out-of-state licensee.
941.295(2)(d)2.2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.
941.295(2g)(2g) The prohibition in sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following:
941.295(2g)(b)(b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.
941.295(2g)(c)(c) An individual who has a license or permit issued under s. 440.26, who is on official duty, and who may carry a firearm under rules promulgated under s. 440.26 (3m).
941.295(2r)(2r) The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the following:
941.295(2r)(b)(b) An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.
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 HistoryHistory: 1981 c. 348; 1985 a. 29 s. 3200 (35); 1989 a. 31, 56; 2001 a. 109; 2007 a. 27, 128; 2011 a. 35; 2019 a. 87.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1994–2023 · leading case: State v. Tomlinson, 2002 WI 91 (Wis. 2002).
State v. Tomlinson, 2002 WI 91 (Wis. 2002). “22(10): (10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in § 941.295(4); or any other device or instrumentality which, in the manner it is…”
Caetano v. Massachusetts, 136 S. Ct. 1027 (2016). “199 , 244 (2009) (citing stun gun bans in seven States); Wis. Stat. §941.295 (Supp. 2015) (amended Wisconsin law permitting stun gun possession); see also Brief in Opposi tion 11 (acknowledging that “approximately 200,000 civil ians owned stun guns” as of 2009).”
State v. Rivera, 716 S.E.2d 859 (N.C. Ct. App. 2011). “01 (1) (2008)), Wisconsin ( Wis. Stat. Ann. § 941.295 (1) (2003)), Rhode Island (R.”
State v. Douglas, 2013 WI App 52 (Wis. Ct. App. 2013). “29 (2)(a); (2) unlawfully possessing an electric weapon, see Wis. Stat. § 941.295 (1) (2009-2010); and (3) unlawfully possessing tetrahydrocannabinols, see Wis.”
Caetano v. Massachusetts, 136 S. Ct. 1027 (2016). “199 , 244 (2009) (citing stun gun bans in seven States); Wis. Stat. § 941.295 (Supp. 2015) (amended Wisconsin law permitting stun gun possession); see also Brief in Opposition 11 (acknowledging that "approximately 200,000 civilians owned stun guns" as of 2009).”
In Interest of Michelle AD, 512 N.W.2d 248 (Wis. Ct. App. 1994). “, defines a "dangerous weapon" as: (1) any firearm, whether loaded or unloaded; (2) any device designed as a weapon and capable of producing death or great bodily harm; (3) any electric weapon as defined in § 941.295(4), STATS.; or (4) any other device or instrumentality which,…”
State v. Danny Arthur Wright (Wis. Ct. App. 2023). “An “electric weapon,” in turn, is defined as “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.”
— Wis. Stat. § 941.295(1) — 1 case
State v. Douglas, 2013 WI App 52 (Wis. Ct. App. 2013). “29 (2)(a); (2) unlawfully possessing an electric weapon, see Wis. Stat. § 941.295 (1) (2009-2010); and (3) unlawfully possessing tetrahydrocannabinols, see Wis.”
— Wis. Stat. § 941.295(1c)(a) — 1 case
State v. Danny Arthur Wright (Wis. Ct. App. 2023). “An “electric weapon,” in turn, is defined as “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.”
— Wis. Stat. § 941.295(4) — 2 cases
State v. Tomlinson, 2002 WI 91 (Wis. 2002). “22(10): (10) "Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any electric weapon, as defined in § 941.295(4); or any other device or instrumentality which, in the manner it is…”
In Interest of Michelle AD, 512 N.W.2d 248 (Wis. Ct. App. 1994). “, defines a "dangerous weapon" as: (1) any firearm, whether loaded or unloaded; (2) any device designed as a weapon and capable of producing death or great bodily harm; (3) any electric weapon as defined in § 941.295(4), STATS.; or (4) any other device or instrumentality which,…”
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