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Judge: Eviction Attempt Didn't Violate Gun-Owning Tenant's Rights

ROCKLAND, Maine - A Knox County judge ruled this week that a Maine man's civil rights weren't violated when his landlord gave him an ultimatum to either give up his gun or face eviction after the 68-year-old shot an intruder last fall.

Harvey Lembo filed a lawsuit in November claiming that his landlord's attempted eviction violated his Second Amendment rights and the Maine Civil Rights Acts.

The retired lobsterman shot an intruder on Sept. 1, 2015 following several break-ins at his Rockland apartment.

Lembo argued that he needed the gun for protection because he uses a wheelchair. The Portland Press Herald reports that Justice William Stokes found that Lembo's claims didn't meet the standards for the case to continue.

Attorney Patrick Strawbridge says he and Lembo haven't decided if they will appeal.