A three-member state appellate court reversed a decision by Will County Judge Richard Schoenstedt to dismiss the charge against Drew Peterson, The Herald News newspaper in Joliet, Ill., reported Monday.
Peterson in May 2008 was charged with possessing an illegally altered assault rifle, which he said was needed as part of his work with the Bolingbrook Police Department's SWAT team.
Schoenstedt dismissed the gun charge after prosecutors refused to hand over confidential communications related to the case. The appellate court said Schoenstedt erred in ordering the prosecutors to reveal the material, the Chicago Tribune reported Monday.
Peterson is awaiting trial on a first-degree murder charge in the death of his wife, Kathleen Savio, who was found dead in her bathtub in March 2004.
State police found the assault rifle when they searched Peterson's house after the disappearance of his fourth wife, Stacy Peterson, in late 2007. Stacy Peterson has never been found.