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Drew Peterson Resolves Gun Charge

Former Bolingbrook Police Sergeant Gets Firearms Transferred To Son

BOLINGBROOK, Ill. (CBS) ― Illinois State Police are returning Drew Peterson's guns. Not to him, but to his son.

Drew Peterson no longer has a Firearm Owner's Identification Card. CBS 2's Mike Puccinelli reports.

It's a piece of paper Drew Peterson has been fighting for for months -- a court order demanding that the state return eight of the former police sergeant's weapons within 14 days to Peterson's son. Outside the Will County Courthouse, Peterson's attorney declared victory.

"It's vindication for Drew's property rights and Drew's rights as an uncharged person who is merely a suspect," said Peterson's attorney Joel Brodsky.

The defense team informed Peterson of the ruling and said he was pleased.

He's happy; this is what was expected today," said defense attorney Andrew Abood.

Prosecutors were not.

"We're disappointed," said Will County State's Attorney spokesman Charles Pelkie. "But the judge is thoughtful and deliberative and we'll comply with his ruling.

One weapon Peterson will not be getting back is his assault rifle. The state says Peterson broke the law by owning it.

"It was an illegal weapon; he could not possess that weapon in the state it was in," Pelkie said.

Peterson was arrested and jailed yesterday on felony charges for owning the weapon. He bonded out two hours later.

Brodsky says a subpoena will be delivered to the Bolingbrook Police Department tomorrow seeking records that he says will prove the rifle was used as part of Peterson's police duties.

The fight over the assault rifle is set for an initial hearing later this month. If Peterson is convicted of artificial use of the weapon he could face up to five years in prison.

Craig Stebic, who's wife is also missing, had his FOID card stripped as well. CBS 2 learned he was notified last night.

Peterson turned himself in at the Bolingbrook Police Department on Wednesday afternoon, on Class 3 Felony unlawful use of a weapon charges.

A criminal complaint by the Will County State's Attorney's office said Peterson possessed a rifle with a barrel less than 16 inches in length. These guns are not permitted under state law, the complaint said.

Bond for Peterson was set at $75,000, and he was required to pay 10 percent to be freed from custody, the complaint said.

Brodsky said the charge involves a gun seized after Drew Peterson's fourth wife, Stacy Peterson, disappeared in October.

He says the weapon in question is an AR-15 semiautomatic assault rifle that Peterson used while he was a police officer. He contends police officers are exempt from the length provision of the law and Peterson was still a police officer when the gun was seized.

"This was Drew's registered duty weapon as a SWAT team member and the last time when it was in his possession was when he was still on the Bolingbrook Police Department," Brodsky said. "Therefore under the Illinois law he can have a non-conforming weapon with a short barrel."

Peterson's collection of firearms was seized last fall, as part of the investigation into the disappearance of his fourth wife, who has not been seen since Oct. 28, 2007. Earlier, he attempted to get them back, but the State of Illinois has revoked his Firearms Owner Identification Card.

Stacy Peterson's family was alerted to the charge on Wednesday, but they had hoped for a more significant development.

"After that it was a little bit of disappointment, because we obviously want this case to move along a little bit faster, and since Drew is the prime suspect in this, we were hoping it would pertain to that, but it didn't," said Stacy Peterson family spokeswoman Pamela Bosco.

Stacy Peterson has not been seen since Oct. 28, 2007. Illinois State Police said several months ago they suspect she is dead and have called Drew Peterson a suspect in her disappearance.

But Peterson has long contended his wife left him for another man. His attorney has said perhaps Stacy Peterson just did not want to be tied down to an older man and four children anymore.

Peterson's third wife, Kathleen Savio, was found dead in a dry bathtub four years ago, in what was initially ruled to be an accidental drowning. But Savio's body was exhumed in November of last year and her death was ruled a homicide.

Drew Peterson has not been charged with any crime in either case.

At Peterson's home in Bolingbrook, no trespassing signs were just the beginning as the circus returned Wednesday. A mix of police officers, gawking neighbors and the crush of the media came as Peterson turned himself in.

Though Peterson's arrest is not directly connected to Stacy's disappearance. One neighbor, Sharon Bychowski believes it shows police continue to scrutinize Peterson.

"The Illinois State Police are doing their best in investigating Drew," Bychowski said. "As a whole I know this is just one of many steps."

Brodsky claims the latest weapons charge is merely an attempt to harass Peterson and expects it to be dropped. 

Do you think authorities were justified in charging Peterson?

CBS 2's Joanie Lum and the Associated Press contributed to this report.

(© MMVIII, CBS Broadcasting Inc. All Rights Reserved.)


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