IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT WILL COUNTY, ILLINOIS

People Of The State Of Illinois Petitioner vs. Drew Peterson Respondent ) ) ) ) ) ) ) ) ) ) )

No. 08 CF 1169

MOTION TO DISMISS
Now comes the Defendant Drew Peterson, by and through his attorneys Joel A. Brodsky and Reem Odeh of the law firm of Brodsky & Odeh and Andrew Abood of the Abood Law Firm and pursuant to 725 ILCS 5/114-1, and the inherent authority granted under People v. Newberry, 166 Ill. 2d 310 (1995) moves this Court to enter an order dismissing the above referenced charge. In support of this motion the Defendant states: 1. Defendant is charged with Unlawful Use Of A Weapon under 720 ILCS/24(a)(7)(ii), to wit: having possession of a rifle, a Colt Sporter Lightweight AR-15 .223 Caliber Serial# SL025365, with a barrel length less than 16 inches in length on November 1, 2007. 2. On November 1, 2008, there was in full force and effect a law enacted by the

Congress of the United States of America which states at 18 USCS 926B: (Exhibit “A”) “§ 926B. Carrying of concealed firearms by qualified law enforcement officers (a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).(b) This section shall not be construed to supersede or limit the laws of any State that--(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.(c) As used in this section, the term "qualified law enforcement officer" means an employee of a governmental agency who--(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any

person for, any violation of law, and has statutory powers of arrest;(2) is authorized by the agency to carry a firearm;(3) is not the subject of any disciplinary action by the agency;(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and(6) is not prohibited by Federal law from receiving a firearm.(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.(e) As used in this section, the term "firearm" does not include--(1) any machinegun (as defined in section 5845 of the National Firearms Act [26 USCS § 5845]);(2) any firearm silencer (as defined in section 921 of this title [18 USCS § 921]); and (3) any destructive device (as defined in section 921 of this title [18 USCS § 921]).” 3. This statute, known as the Law Enforcement Officers Safety Act of 2004, exempts qualified law enforcement officers from the application of state laws regarding the carrying of concealed firearms. 4. Defendant Drew Peterson was a “qualified law enforcement officer” within the meaning of 18 USC 926B on November 1, 2007. (Exhibit “B”) 5. On November 1, 2007, Defendant Drew Peterson had the photographic identification issued by the Village Of Bolingbrook Police Department required by 18 USC 926B. 6. The firearm identified in the complaint filed in the above referenced case is not any type excluded by 18 USC 926B(e). It is not a machinegun, does not have a silencer, and is not a destructive device as defined by 18 USC 921. 7. The firearm identified in the complaint filed in the above referenced case has been shipped or transported in interstate commerce since its manufacture at Colt’s factory in Hartford, Connecticut and its seizure by the Illinois State Police in Will County, Illinois on November 2, 2007. 8. The firearm identified in the complaint filed in the above referenced case has is capable of being carried in a concealed manner. 9. That since the enactment of this statute on July 22, 2004, the United States Congress has preempted the laws of the individual states and their political subdivisions, on the issue of law enforcement officers accountability to state and local firearms laws.

10. The United States Congress has made it legal for qualified law enforcement officers to conceal and carry any weapon, (other than a machine gun, a silencer equipped gun, or destructive devise), despite any state or local law to the contrary, preempting and superceding all such state and local laws. 11. As a direct and necessary corollary of the right of qualified law enforcement officers to carry in a concealed manner any such weapon is the necessary right of the said officers to reveal, possess, transport, and store the said firearms while they are not carrying them. (Obviously Congress did not intend that the qualified law enforcement officer sleep, bath, conceal, and carry his weapons 24 hours a day 7 days a week, nor that he would be limited in ownership to only the number of firearms he or she could carry at one time.) 12. Therefore, Defendant Drew Peterson was entitled by Federal law to carry, possess, transport and store the subject Colt Sporter Lightweight AR-15 .223 Caliber Serial# SL025365, with a barrel length less than 16 inches, on November 1, 2007, despite any law of the State of Illinois to the contrary. 13. Because of this exemption granted by the United States Congress Drew Peterson is immune from prosecution for Unlawful Use Of A Weapon under 720 ILCS/24(a)(7)(ii) under the laws of the State of Illinois on November 1, 2007, this Court does not have the jurisdiction to prosecute Drew Peterson for the state offence of Unlawful Use Of A Weapon under 720 ILCS/24(a)(7)(ii) under the laws of the State of Illinois, nor does the complaint against him state an offence for which he can be charged and convicted. WHEREFORE, Defendant Drew Peterson prays that this Court enter an order dismissing the above entitled case and charge against him with prejudice and discharge his bond without further delay.

_____________________________ Joel A. Brodsky

Joel A. Brodsky Reem H. Odeh BRODSKY & ODEH Attorneys for Defendant 8 S. Michigan Ave. Suite 3200 Chicago Illinois 60603 (312) 701-3000 Andrew Abood Abood Law Firm Pro Hac Vice for Defendant 264 E. Saginaw St East Lansing MI 48823 (517) 332-5900

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