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CHICAGO TRIBUNE BOLINGBROOK, ILLINOIS 
After months of legal wrangling, a Will County judge Thursday ordered that most of Drew Peterson's guns be turned over to one of his adult sons.
Judge Richard Schoenstedt said Peterson's arrest Wednesday for allegedly possessing an illegal assault rifle did not factor into his decision because authorities never mentioned the issue.
"This court only learned of the possible illegality of possessing this weapon in the past two or three days," Schoenstedt said. "Although the state apparently knew about potential issues regarding the weapon, the state did not present them to this court. This is not a criticism of the state—far from it. It is only to explain why this issue has no direct bearing on the decision of this court."
Schoenstedt ordered the state police to return eight of the former Bolingbrook police sergeant's weapons to his son Steven Peterson, an Oak Brook police officer. He ordered that the gun at the center of Peterson's felony case remain in police custody.
In November, authorities seized weapons, cars, computers and other items from Peterson's home in connection with their investigation into the Oct. 28 disappearance of his wife, Stacy, who was 23 at the time. He has been named a suspect in her disappearance, and authorities are also conducting a murder investigation in the 2004 death of his previous wife, Kathleen Savio.
Peterson, 54, has not been charged in either case and maintains he is innocent.
On Feb. 27, Schoenstedt granted Peterson's request for the return of his cars and computers, as well as the firearms—provided he had a valid firearm owner's identification card. Later that day, state police revoked his card at the request of Will County State's Atty. James Glasgow.
Peterson's attorneys, Joel Brodsky and Andrew Abood, then suggested that ownership of the guns be transferred to Peterson's son.
But on Wednesday, Peterson was charged with felony unlawful use of a weapon for possessing a Colt model Sporter Lightweight, 223 Remington rifle, with a barrel that was nearly five inches short of the minimum required by law, officials said.
Peterson was released on $75,000 bond.
Though 11 guns were initially taken by police, an MP5 submachine gun was the property of Bolingbrook, Brodsky said, and a revolver belonged to another person.
"Well, this is what we expected to happen," Brodsky said outside court.
"This is a vindication of Drew's rights . . . and I think it speaks loud and clear that all this touted ex parte evidence really had nothing to do with firearms."
Abood said any elation Peterson felt Thursday was tempered by the charge he is now facing.
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