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Electric Weapon Letter for Online Retailers

Resdon111

Resdon111

Regular Member
Joined
Jan 27, 2011
Messages
48
Location
Sussex, WI
I figured that given the upcoming change to the electric weapon law and my own desire to purchase a stun gun, it might be a good idea to write up a generic letter for online retailers notifying them of the change. Anyone who's ever went to purchase a taser/stun gun online has seen the banned states list. Given that they likely don't keep up on all the news from every state in the union I drafted a letter for their reference.

Let me know what you guys think of it. If you like it go ahead and use it - I left it generic so all you have to do is add your name and send it off.

To whom it may concern,

On July 8th, 2011, Wisconsin governor Scott Walker signed into law 2011 Wisconsin Act 35. This act is commonly known as the act making concealed carry legal with a permit in the state of Wisconsin. A part of the new law pertains to possession of electric weapons (tasers, stun guns, etc). Previously it was illegal for any person other than law enforcement, corrections officers, and military personnel acting in the line of duty to possess an electric weapon. I am writing to inform you that this law has been changed.

Effective November 1, 2011, civilian personnel will now be able to possess electric weapons provided that the individual is either a concealed carry licensee, an out-of-state licensee, or that the individual who goes armed with an electric weapon is in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies (Wis. Stat. § 941.295).

Please view the following documents from the state of Wisconsin concerning this topic.

WI Act 35
https://docs.legis.wisconsin.gov/2011/related/acts/35.pdf

WISCONSIN’S NEW CARRYING CONCEALED WEAPON LAW, Q&A
Released by the Wisconsin Department of Justice
(Pages 30 and 31)
http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw_frequently_asked_questions.pdf

Given this change I am requesting that on or near November 1, 2011 your website begin allowing the sale of electric weapons to customers in the state of Wisconsin. Thank you for your time and I look forward to your prompt reply on this matter.

Respectfully,
Click to expand...


View attachment e_weapons.doc
 
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protias

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Dec 18, 2008
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I'm sure many retailers are watching Wisconsin, but I think this is a good letter to have just in case they say no and you have the proof to show otherwise.
 
rcawdor57

rcawdor57

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Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
Looks Like We Have To Write Most Of The Online Retailers...

I just checked Sportsmans Guide and they still do not sell electric weapons to Wisconsin residents. Neither do all the retailers I checked on Amazon. I started sending emails today to online retailers asking them to remove the restriction for Wisconsin residents.

Time to get busy again....
 
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rcawdor57

rcawdor57

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Messages
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Location
Wisconsin, USA
Get This: We Can POSSESS Them But We Cannot BUY Them W/O A CCW License!?!

OK...I've received a reply already and the guy who wrote me is correct in stating he cannot legally sell an electric weapon to a resident of Wisconsin who does not have a valid Wisconsin concealed carry license. How did we miss this???

From CCW FAQ Page 30: http://www.doj.state.wi.us/dles/cib/ConcealedCarry/ccw-faq-20111020.pdf


Can I purchase an electric weapon if I do not have a CCW license or am not otherwise a person permitted to carry an electric weapon?

The law allows a person who does not have a CCW license to possess an electric weapon in their own dwelling or place of business or on land that they own, lease, or legally occupy (Wis. Stat. § 941.295(2g)), and to transport within a carrying case (Wis. Stat. § 941.295(2r)). However, as noted below, it is unlawful for anyone to sell an electric weapon to someone who does not have a CCW license.


Is it unlawful to sell or manufacture electric weapons in Wisconsin?

A person may manufacture and sell electric weapons to authorized persons which includes a peace officer, armed forces or national guard personnel while on official duty or a person with a Wisconsin CCW license or out-of-state CCW licensee. In other words, electric weapons cannot be sold to persons in Wisconsin who are not law enforcement, armed forces on official duty or persons without a recognized out-of-state CCW license or a Wisconsin CCW license. Wis. Stat. § 941.295(2)(d). A violation of this statute is a felony. Wis. Stat. § 941.295(1m).

So we cannot buy one online unless we prove we have a valid license for Wisconsin nor can we buy one from any retail outlet without a license in the state of Wisconsin.

I guess I'll drive across the border and pick one up and then legally transport it back to Wisconsin. This is absurd!
 
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apjonas

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The FAQ is Wrong

The FAQ States:

Is it unlawful to sell or manufacture electric weapons in Wisconsin?
A person may manufacture and sell electric weapons to authorized persons which includes a peace officer, armed forces or national guard personnel while on official duty or a person with a Wisconsin CCW license or out-of-state CCW licensee. In other words, electric weapons cannot be sold to persons in Wisconsin who are not law enforcement, armed forces on official duty or persons without a recognized out-of-state CCW license or a Wisconsin CCW license. Wis. Stat. § 941.295(2)(d). A violation of this statute is a felony. Wis. Stat. § 941.295(1m).

However the law as amended by Act 35 states:

941.295 (2) (d) (intro.) Any manufacturer or seller
whose of electric weapons are used in this state solely by
persons, 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:
1. A person specified in pars. (a) to (c), a licensee, or
an out−of−state licensee.
SECTION 69. 941.295 (2) (d) 2. of the statutes is
created to read:
941.295 (2) (d) 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.
 
rcawdor57

rcawdor57

Campaign Veteran
Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
Yes, It Is Wrong! Government....Geez.

apjonas said:
The FAQ States:

Is it unlawful to sell or manufacture electric weapons in Wisconsin?
A person may manufacture and sell electric weapons to authorized persons which includes a peace officer, armed forces or national guard personnel while on official duty or a person with a Wisconsin CCW license or out-of-state CCW licensee. In other words, electric weapons cannot be sold to persons in Wisconsin who are not law enforcement, armed forces on official duty or persons without a recognized out-of-state CCW license or a Wisconsin CCW license. Wis. Stat. § 941.295(2)(d). A violation of this statute is a felony. Wis. Stat. § 941.295(1m).

However the law as amended by Act 35 states:

941.295 (2) (d) (intro.) Any manufacturer or seller
whose of electric weapons are used in this state solely by
persons, 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:
1. A person specified in pars. (a) to (c), a licensee, or
an out−of−state licensee.
SECTION 69. 941.295 (2) (d) 2. of the statutes is
created to read:
941.295 (2) (d) 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.
Click to expand...

OK. Now I am sending more emails to those that already wrote me back stating they could NOT sell to Wisconsin residents without a concealed carry license. Let's hope they are better than I am for perusing the new laws on the books and start selling to Wisconsin residents.
 
E

E6chevron

Regular Member
Joined
Oct 8, 2011
Messages
528
Location
Milwaukee Wisconsin
There are a few mistakes, omissions in the Oct. 20, 2011 DOJ Concealed Weapons Laws FAQ. In particular it tries to cover laws regarding CCW licenses, and does not make much effort to cover other areas, such as Open Carrying, and activity that does not involve CCW licenses.

Do not treat this FAQ as law, it most certainly is NOT.

The DOJ disclaimer on page - vii - makes that clear:

DISCLAIMER: This document broadly discusses—in question-and-answer format—the laws and procedures governing licenses to carry concealed weapons in Wisconsin. Every effort has been made to be as accurate as possible. However, this document does not constitute either an informal or formal opinion of the Wisconsin Attorney General, does not constitute legal advice or guidance and does not create an attorney-client relationship. And it creates no rights beyond those established under the constitutions, statutes, regulations and administrative rules of the United States and the State of Wisconsin. Nor does it attempt to provide answers to every question that may arise regarding carrying concealed weapons. Many factors may affect your decision whether to apply for a license to carry concealed weapons in Wisconsin. You should review the statutes governing CCW and consult a private attorney for specific information and advice. This document also only reflects the law as of the date of its publication and may be superseded or affected by other versions or changes in the law.
Click to expand...
 
Resdon111

Resdon111

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Messages
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Location
Sussex, WI
I've fired off the letter to a few different retailers. The only one I heard back from was an eBay dealer who agreed to ship to WI. I went ahead and purchased one of his 6.8Mil volt guns, $9.95 w/free shipping! :banana:
 
rcawdor57

rcawdor57

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Both Online Retailers I Contacted Will NOT Sell To Wisconsin Residents...

Why? Because of the D.O.J. F.A.Q. website. Sportsmansguide wrote me twice and their final email is they will not sell because they do not have the ability to check every purchaser in Wisconsin to be sure they have a Wisconsin concealed carry license. Another online retailer on Amazon said he will not sell to Wisconsin because of the "Catch 22" ...I.E. you can possess one but you can't buy one without a license....He too quoted the D.O.J. F.A.Q. page.

I wrote to both retailers with a link to the actual law and the 941.295 portion quoted showing that a Wisconsin resident can buy without a license but no go. They won't budge as long as the D.O.J. F.A.Q. page states what it does about electric weapons.

I'm going to have my son buy one for me and mail it to me. Simple as that.
 
P

protias

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Messages
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Location
SE, WI
rcawdor57 said:
Why? Because of the D.O.J. F.A.Q. website. Sportsmansguide wrote me twice and their final email is they will not sell because they do not have the ability to check every purchaser in Wisconsin to be sure they have a Wisconsin concealed carry license. Another online retailer on Amazon said he will not sell to Wisconsin because of the "Catch 22" ...I.E. you can possess one but you can't buy one without a license....He too quoted the D.O.J. F.A.Q. page.

I wrote to both retailers with a link to the actual law and the 941.295 portion quoted showing that a Wisconsin resident can buy without a license but no go. They won't budge as long as the D.O.J. F.A.Q. page states what it does about electric weapons.

I'm going to have my son buy one for me and mail it to me. Simple as that.
Click to expand...

Looks like the retailer who sells first is going to be making the most money in this instance. I know there will be a lot of people who choose less than lethal force over lethal force.
 
B

bforn

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I have an email off to the my Consumer Sales Manager at Taser. They too state on their dealers page that we can not sell to someone in WI without a license and the responsibility is on us to make sure they do as it could be a felony. They cite the DOJ FAQ as the source.

I will post any response I get for you.
 
S

Serpent

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Joined
Jul 9, 2009
Messages
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Location
, Wisconsin, USA
My supplier doesn't have any problem sending them to me. I just got my first shipment today. I didn't get a lot,
or any of the really pricey ones, but the order went through just fine. I'm expecting another small shipment tomorrow.
I do need a volunteer to test them out, my wife and kids said no!

ETA: I can get Taser brand...
 
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apjonas

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All They Need

to do is include an affirmation statement for non-licensees.:

I do solemnly swear or affirm that I am purchasing (insert name of item) for use in my dwelling or place of business or on land that I own, lease, or legally occupy.

A seller could be in trouble if a non-licensee was buying for car carry or otherwise. It is just simpler to limit sales to licensees since the documentation is easy to do. I understand their point of view.

Has somebody contacted DoJ to point out the mistake?
 
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Resdon111

Resdon111

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Sussex, WI
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apierce918

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protias

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