Drew's rifle OK with feds, lawyers insist
BOLINGBROOK | Dismissal of gun charge sought
Drew Peterson has new ammunition to fight the gun charge he faces, his attorneys said Friday, arguing that federal law allows the ex-Bolingbrook cop to own the assault rifle that prompted his arrest.
During Peterson's first court appearance, his attorneys formally asked a Will County judge to dismiss the felony weapons charge that alleges Peterson owns an AR-15 rifle with an illegally short barrel.
The 54-year-old Peterson shouldn't have been charged because a federal law allows police officers nationwide to own and carry such weapons, even if state laws don't, defense attorneys said.
"Drew has immunity from prosecution because of his status as a law enforcement officer," attorney Joel Brodsky said after the hearing.
State Police seized the gun last November while investigating the Oct. 28 disappearance of Peterson's fourth wife, Stacy. At that time, Drew Peterson was a Bolingbrook police sergeant, though he has since retired.
Judge Sarah Jones made no ruling on the request but set a June 30 hearing date.
Will County prosecutors quickly moved to shoot down Brodsky's argument.
The federal gun law only allows police officers to carry concealed handguns and has "no bearing whatsoever" on the gun charge filed against Peterson, said Charles Pelkie, a spokesman for Will County State's Attorney James Glasgow.
"At the time this weapon was seized, Peterson did not have an exemption to own and carry a rifle with an illegal barrel -- either for his personal use or in his capacity as a police officer," Pelkie said.
Peterson remains free on bail on the gun charge, which carries a maximum five-year prison term.