Pepper spray laws in Wisconsin

941.26 Machine guns and other weapons; use in certain cases; penalty.
(1c) In this section:
(a) “CS gel” means nonatomizing, gel-form chlorobenzalmalononitrile.
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(b) Except as provided in sub. (4), no person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for use to cause bodily discomfort, panic, or damage to property.
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(e) Any person who violates sub. (1g) (b) regarding the sale or commercial transportation of the bomb, grenade, projectile, shell, or container under sub. (1g) (b) is guilty of a Class H felony.
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(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.
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1. Any person who sells or distributes a device or container described under par. (a) to a person who has not attained 18 years of age is subject to a Class C forfeiture.
1m. Subdivision 1. does not apply to an actor who is a parent, guardian, or legal custodian of a person who has not attained 18 years of age if the actor gives the person the device or container.
2. A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under subd. 1.:
a. That the purchaser or distributee falsely represented that he or she had attained the age of 18 and presented an identification card.
b. That the appearance of the purchaser or distributee was such that an ordinary and prudent person would believe that the purchaser or distributee had attained the age of 18.
c. That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser or distributee and in the belief that the purchaser or distributee had attained the age of 18.
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(j) Whoever intentionally sells a device or container described under par. (a) without providing the purchaser with a proper label on the device or container and written safety instructions for using the device or container is guilty of a Class A misdemeanor.
(k)
1. Except as provided in subd. 2., any person who has not attained the age of 18 years and who possesses a device or container described under par. (a) is subject to a Class E forfeiture.
2. Subdivision 1. does not apply if the person’s parent, guardian, or legal custodian purchased the device or container for him or her or gave the device or container to him or her.
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941.26 HistoryHistory: 1977 c. 173; 1987 a. 234; 1991 a. 137; 1993 a. 91; 1995 a. 25; 2001 a. 109; 2007 a. 27; 2013 a. 77; 2015 a. 197; 2019 a. 52.

941.26 Machine guns and other weapons; use in certain cases; penalty.
(1c) In this section:
(a) “CS gel” means nonatomizing, gel-form chlorobenzalmalononitrile.
...
(b) Except as provided in sub. (4), no person may sell, possess, use or transport any tear gas bomb, hand grenade, projectile or shell or any other container of any kind or character into which tear gas or any similar substance is used or placed for use to cause bodily discomfort, panic, or damage to property.
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(e) Any person who violates sub. (1g) (b) regarding the sale or commercial transportation of the bomb, grenade, projectile, shell, or container under sub. (1g) (b) is guilty of a Class H felony.
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(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.
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1. Any person who sells or distributes a device or container described under par. (a) to a person who has not attained 18 years of age is subject to a Class C forfeiture.
1m. Subdivision 1. does not apply to an actor who is a parent, guardian, or legal custodian of a person who has not attained 18 years of age if the actor gives the person the device or container.
2. A person who proves all of the following by a preponderance of the evidence has a defense to prosecution under subd. 1.:
a. That the purchaser or distributee falsely represented that he or she had attained the age of 18 and presented an identification card.
b. That the appearance of the purchaser or distributee was such that an ordinary and prudent person would believe that the purchaser or distributee had attained the age of 18.
c. That the sale was made in good faith, in reasonable reliance on the identification card and appearance of the purchaser or distributee and in the belief that the purchaser or distributee had attained the age of 18.
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(j) Whoever intentionally sells a device or container described under par. (a) without providing the purchaser with a proper label on the device or container and written safety instructions for using the device or container is guilty of a Class A misdemeanor.
(k)
1. Except as provided in subd. 2., any person who has not attained the age of 18 years and who possesses a device or container described under par. (a) is subject to a Class E forfeiture.
2. Subdivision 1. does not apply if the person’s parent, guardian, or legal custodian purchased the device or container for him or her or gave the device or container to him or her.
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941.26 HistoryHistory: 1977 c. 173; 1987 a. 234; 1991 a. 137; 1993 a. 91; 1995 a. 25; 2001 a. 109; 2007 a. 27; 2013 a. 77; 2015 a. 197; 2019 a. 52.

941.26(4)(a)(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.
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941.26(4)(m)(m) The department of justice may not promulgate or enforce any rule that regulates a device or container described under par. (a).

346.24 Nonmailable Division 6.1 Toxic Substances
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Irritating Materials: All irritating materials are nonmailable. Examples include the following:
Bromobenzyl cyanide (UN1694).
Chloroacetophenone (UN1697).
Diphenylamine chloroarsine (UN1698).
Diphenylchloroarsine (UN1699).
Tear gas (UN1700, NA1693, and UN1693), except for those containing oleoresin capsicum.