A Maine landlord wants tossed a lawsuit filed by a retired Maine lobsterman who shot an intruder with a gun he bought less than a day earlier for protection against burglars.
The lawsuit had been filed last month by Harvey Lembo, 67. He uses a wheelchair and says he armed himself after five burglaries in six years at his Rockland apartment complex. Lembo bought an old gun on Aug. 31 and the next day he shot and wounded a man he believed had broken into his apartment to steal prescription medication he uses for chronic pain, according to the Bangor Daily News.
Lembo went to court after getting a letter soon after the shooting that informed him that his gun violated house rules and that eviction proceedings could be initiated if he did not comply.
In his lawsuit, Lembo accuses his landlord, Park Place Associates of Rockland, of violating his right to own a gun. He is also suing the management company.
Earlier this week lawyers for Park Place and the management company responded to the lawsuit. They asked a state judge to throw out the case.
The lawyers argued that simple notification to Lembo that he could face an eviction if he did not follow house rules was insufficient to trigger the protection under the Second Amendment, the paper reported.
“Threatening to evict Mr. Lembo for defending himself clearly violates his constitutional rights,” NRA Maine State Liaison John Hohenwarter said last month after Lembo sued, the Daily News reported. “Self-defense is a fundamental, God-given right that belongs to every law-abiding American — no matter their tax bracket, zip code or street address. Furthermore, Article 1 Section 16 of the Maine Constitution echoes this sentiment by stating: ‘Every citizen has a right to keep and bear arms and this right shall never be questioned.’”
Lembo used the gun to shoot Christopher Wildhaber, 46, of Rockland. Wildhaber was shot in the shoulder. Police nabbed him in nearby woods after he fled Lembo’s apartment.
Last week a grand jury indicted on charges of burglary, theft of medication, attempted theft and three counts of refusing to submit to arrest.
He’s being held at the Knox County Jail, the Daily News reported.
SOURCE: FOX News