A Rockland man who sued his landlord after being told he couldn't have firearms in his apartment had his case dismissed by a judge this week.

The Knox County judge ruled this week that Harvey Lembo's civil rights were not violated when his landlord gave him an ultimatum to either give up his gun or face eviction. The notice from the landlord came after the 68-year-old shot an intruder last fall.

Lembo filed the suit in November, claiming that his landlord's attempted eviction violated his Second Amendment rights and the Maine Civil Rights Act. He argued that he needed the gun for protection because he uses a wheelchair and has experienced several break-ins.

But Justice William Stokes disagreed, saying Lembo's claims didn't meet the standards for the case to continue. In his decision, Stokes said since there was no proof of any actual or threatened physical violence, no proof of trespassing, or damage to property, the claim didn't met the criteria necessary to continue with the case.

Lembo's attorney, Patrick Strawbridge says he and Lembo haven't decided if they will appeal.

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