What Are Wisconsin's Laws Concerning Pepper Spray?

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    • In Wisconsin it is legal to carry pepper spray which contains oleoresin of capsicum (OC). This is a plant-based substance. According to the Wisconsin Department of Agriculture, Trade and Consumer Protection, OC--when expelled--can cause, "uncontrollable burning on skin, breathing trouble, swelling in the eyes until they shut and continual draining of sinuses." Although, with this type of pepper spray, such symptoms cease after 45 minutes. Bear in mind however, that some pepper sprays, such as those mixed with tear gas, which may be legal in other states are illegal in Wisconsin.

    Sales Criteria

    • Vendors selling pepper spray must comply with several laws. According to the Wisconsin Department of Agriculture, Trade and Consumer Protection, cans of pepper spray must weigh at least 15 g but no more than 60 g and have a minimum range of 6 feet and a maximum range of 20 feet. The can must look like a standard aerosol can and may not be made to look like anything else, such as a pen. On the label, manufacturers must print the following: the amount of OC, its range, ingredients, date of expiration, first aid information and a warning that the product can't be used by minors. The package must be tamper-proof and must not allow accidental or spontaneous discharge. A phone number must exist on the label so that consumers can call for more information.

    Inappropriate Uses

    • According to the Oak Creek Police Department, in Oak Creek, Wis., pepper spray is for use by those 18 and older only for the defense of you and your property. Authorities view the use of pepper spray for anything else as a misdemeanor and depending upon your misuse of it, you will receive a fine of $10,000 and approximately nine months to five years in jail.

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