A Clark County judge ruled Wisconsin’s ban on concealed weapons is unconstitutional Wednesday because the statute interferes with the rights provided by the 2nd and 14th Amendments, as well as being overly broad.

Judge Jon Counsell ruled the concealed weapons ban was too broad in the case of a Sauk City man who admitted he was carrying a concealed weapon – a knife – in his waistband. The man did not make any threats, according to the ruling.

In his ruling, Counsell said while the government has a compelling interest of “a police power to protect the health, safety, and welfare of its citizens,” the state did not use the least restrictive means possible to ensure the protection of this interest through the statute, and the statute is therefore unconstitutional.

Counsell also said the ban is too heavy-handed and that it applies “a leaden blanket…when (a) silk (one) would suffice.”

According to the ruling, those who need protection are faced with a dilemma and must therefore break the law, go unarmed or openly carry.

In addition, Counsell said the alternative of openly carrying a weapon is not a realistic one.

The Clark County ruling comes after recent events in Madison challenging the state’s ban on concealed weapons.

In September, a group of five men openly carrying guns met for dinner at a Madison Culver’s and after a woman called the police, the Madison Police Department issued the men tickets for disorderly conduct, according to a lawsuit filed by Wisconsin Carries to have the tickets reversed.

The question of how the Clark County ruling will affect the ban statewide is unclear.

Donald Downs, a law professor at the University of Wisconsin, said other counties throughout the state can change their statutes to reflect the ruling.

However, because the case was not decided by the Wisconsin Supreme Court, it does not automatically change the laws throughout the state.

In Madison, people carrying concealed weapons still risk being arrested because the Clark County decision is still so new, said MPD spokesperson Joel DeSpain.

If there are situations that change the court’s understanding of law, the MPD will review it and issue a legal brief to officers, DeSpain said.