Legal question regarding weapons.

Wisconsin State Statute 941.295
(1)
" Whoever sells, transports, manufactures, possesses, or goes armed with any electric weapon is guilty of a Class E felony".
Wisconsin State Statute 941.21
“Any person, except a peace officer, who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.”
So if I’m caught with a non-leathal electric stun gun (which I can buy through the mail) I’m guilty of a felony, but if I’m caught with a loaded gun, it’s only a misdemeanor. I don’t get it.

Statute 941.295 is older than 941.21? Could be that simple.
Is this an IMHO? Surely it’s not a debate. :wink:
Peace,
mangeorge

Nah. Wisconsin has been concealed weapons forever.
The law against stun guns is only 20 years old.

:smack: Doh!
That should say Wisconsin has banned concealed weapons forever.

:smack: Myself!
What I meant was that maybe it’s because concealed weapon laws were enacted long ago, when these laws weren’t quite so stringent.

It does seem disproportionate. I would like to know, though, how the penalty range for a Class E felony compares to that for a Class A misdemeanor. It might not be as illogical as it first appears.

A Class E felony can get you 5 years in prison, a $10,000, or both.

A Class A misdemeanor can get you 9 months in Jail, a 10k fine, or both.

Those facts are for state of Wisconsin only. Your state & mileage may differ.

One thing to keep in mind is, generally, possession of a firearm in this state is not illegal. But what you actually do with it (in this case, conceal it) can be. where as the possession of the stun gun is not legal in any case, concealed or otherwise. (I still think making it a felony is too strict).

Hayduke failed to mention that the Electric weapon statute also exempted peace officers.

While the class E felony carries, in theory, the higher penalty, in fact you will likely serve more time for the class A misdemeanor.

What is your reasoning behind this statement?

My reasoning is that a class A misdemeanor will land you in the county jail, where you will be at the top of the list of criminals. A class E felony will put you in prison with all the murderers, rapists, etc. and since our prisons are overflowing, they are not as likely to make you serve all of your sentance.

Is this bad logic on my part?

Yes, because it relies on assumptions.

Why do you think our prisons here are over crowded but our jails aren’t?