Posted: 10/23/2012 4:02:56 AM EDT
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I seem to remember there was a thing where the UV dye in Fox 5.3 made it a no go in WI.
I'll be a WI resident in a week and I need to get the wife a new can anyway. What's legal and is there a local place in the Twin Ports area? Is Fox Mean Green gtg? |
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There is DOJ Admin Code which dictates what may be sold in WI https://docs.legis.wisconsin.gov/code/admin_code/jus/14 and there are Statutes which govern what you may use and how you may use it. https://docs.legis.wisconsin.gov/statutes/statutes/941/III/26/4/i/2
You may only use a product which contains a combination of oleoresin of capsicum and inert ingredients but does not contain any other gas or substance that will cause bodily discomfort
IF UV dye does not cause bodily discomfort, it does not appear to me that this Statute prohibits its use. If it does indeed cause discomfort such as being an eye irritant, it is prohibited from use. There may be some other Statute prohibiting its use which I am not aware of. Retailers are prohibited from selling it in a camouflaged container but there is nothing prohibiting you from possessing one. Retailers may only sell a product in WI which is no more than 10% concentration and contains between 15 and 60 grams of ingredients and is effective between 6 and 20 feet. I see nothing in the Statutes prohibiting you from purchasing 100% concentration in a 1 gallon spray can with a 100ft effective range out of State and using it in WI. This is simply my personal interpretation so as always, consult an attorney before using any weapon. |
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I don't recall a case of this ever being prosecuted. But, I admit I haven't searched too far. You'll want to read up on "941.26 Machine guns and other weapons; use in certain cases; penalty. " I don't know of any cases of it being prosecuted either, but I still don't know that I'd want to risk it. While I'll gladly carry OC that does not meet the rules for sale in WI(per jus.14), I'm not about to carry that which does not meet the exemptions in 941.26. |
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I_K, I seem to remember seeing case law that said UV dye was not permitted due to what (IMHO) was a very bad reading of the statute. I have no link and no time to look it up this week, but I'm pretty sure I've seen something... Nothing annotated in the online statutes, other than jus.14. As for CC, OC is not listed as a "weapon" and should be ok to be concealed without a permit. Tasers and other electric weapons technically can't be posessed outside the home/business without a CCL, and are specifically listed as a "weapon".And to asp/expandable baton, that is not specifically covered. A "billy club" is covered, but has no definition. I've asked in the past, and was told it was being discussed, but I don't recall hearing an official verdict. 175.60(1)(j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club. |
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I_K, I seem to remember seeing case law that said UV dye was not permitted due to what (IMHO) was a very bad reading of the statute. I have no link and no time to look it up this week, but I'm pretty sure I've seen something... Nothing annotated in the online statutes, other than jus.14. As for CC, OC is not listed as a "weapon" and should be ok to be concealed without a permit. Tasers and other electric weapons technically can't be posessed outside the home/business without a CCL, and are specifically listed as a "weapon".And to asp/expandable baton, that is not specifically covered. A "billy club" is covered, but has no definition. I've asked in the past, and was told it was being discussed, but I don't recall hearing an official verdict. 175.60(1)(j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club. My lay opinion is that OC in the manner it is used or intended to be used is not calculated to produce death or great bodily harm, therefore, it is not a "dangerous weapon" and is not prohibited from concealment by 941.23. 175.60(1)(j) simply defines which "dangerous weapons" you are authorized to conceal with your WI CCL and does not define what a dangerous weapon is. 939.22 Words and phrases defined. In chs. 939 to 948 and 951, the following words and phrases have the designated meanings unless the context of a specific section manifestly requires a different construction or the word or phrase is defined in s. 948.01 for purposes of ch. 948:
(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 ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. |
Thanks guys, I read thru the statute and don't see why it'd be disallowed. Found a thread on Glocktalk where someone said the laws have changed to permit the UV dye now  Seems like it only addresses sellers anyway
At any rate I ordered a few cans of Mean Green and just had it shipped to the inlaws in Duluth. Figure if she has to use it I'm not gonna worry about anything other than if it puts the hooligan in a world of hurt for a bit. |
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Quoted:
Quoted:
I_K, I seem to remember seeing case law that said UV dye was not permitted due to what (IMHO) was a very bad reading of the statute. I have no link and no time to look it up this week, but I'm pretty sure I've seen something... Nothing annotated in the online statutes, other than jus.14. As for CC, OC is not listed as a "weapon" and should be ok to be concealed without a permit. Tasers and other electric weapons technically can't be posessed outside the home/business without a CCL, and are specifically listed as a "weapon".And to asp/expandable baton, that is not specifically covered. A "billy club" is covered, but has no definition. I've asked in the past, and was told it was being discussed, but I don't recall hearing an official verdict. 175.60(1)(j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (1c) (a), a knife other than a switchblade knife under s. 941.24, or a billy club. Thanks! |