People v. Quinn

We granted leave in this case to decide whether under MCL 750.227c; MSA 28.424(3), knowledge that a firearm is loaded1 is an element of the offense of transporting or possessing a loaded firearm other than a pistol in or upon a vehicle.2 The Court of Appeals set aside the defendant’s conviction and, because jeopardy precludes retrial following reversal for insufficiency of the *181evidence,3 dismissed the charge. The Court held that knowledge that the firearm was loaded is a necessary element of the offense and that the state had failed to prove that the defendant knew that the firearm was loaded.