Lawyers for an apartment complex in Maine have asked a judge to dismiss the case of a tenant who said his Second Amendment rights are being violated,
The disabled man Harvey Lembo, 67, purchased a gun on Aug. 31 and the very same night shot an intruder he believed was there to steal his prescription pain medication, according to the Bangor Daily News.
Lembo said it was the fifth such burglary in his apartment in five years.
Soon after his apartment complex managers, Park Place Associates of Rockland and Stanford Management LLC, sent Lembo a letter informing him that his gun was in violation of his lease and he could be evicted if he did not get rid of it.
Rather than acquiesce Lembo decided to fight back and filed a lawsuit against the building owners and management company claiming they were violating his right to own a firearm guaranteed in both the U.S. and Maine Constitutions.
Attorneys for the building and the management company filed a motion to dismiss the case on Tuesday in which they claimed the simple warning letter was not enough to be in violation of the Second Amendment.
“Threatening to evict Mr. Lembo for defending himself clearly violates his constitutional rights,” John Hohenwarter of the Main State National Rifle Association said last month according to the News. “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.’”
Watch the report below.
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