Defense seeks dismissal of unlawful use of weapon charge
By Jim Newton firstname.lastname@example.org | @JimNewton5 January 16, 2014 7:50PM
Updated: February 18, 2014 6:23AM
A former police officer charged with a felony in September for attempting to bring a gun into a golf championship in Lake Forest hasn’t even been arraigned on the charge yet, as his attorney continues to work toward having the case dismissed.
After several previous delays, a hearing has been scheduled Feb. 11 on the unlawful use of a weapon charge against Mark Fedder, 48.
Fedder was charged with the Class 4 felony after Lake Forest Police alleged he brought a gun to the BMW Golf Championship at Conway Farms in the city Sept. 16.
Thomas Briscoe, Fedder’s defense attorney, said this week he is in ongoing contact with State’s Attorney Mike Nerheim in an attempt to get the charge dismissed due to constitutional problems with Illinois’ previous laws on concealed weapons.
Fedder was initially charged with attempted obstruction, a misdemeanor, by Lake Forest Police after saying he was a retired police officer when he had actually “separated” with the Mishawaka, Ind., department he formerly worked for, Briscoe said.
The charges were upgraded because Fedder does not have a concealed weapons permit. State’s Attorney Mike Nerheim has said Illinois does not recognize concealed weapon permits from other states, and that Fedder did not have such a permit in Indiana, either.
Fedder is free on $1,500 bond.
Briscoe said that because the federal Seventh Circuit Court of Appeals found Illinois’ gun laws unconstitutional, he is alleging Fedder’s constitutional rights were violated.