People v. Quinn

Defendant was convicted, following a jury trial, of possession of a loaded firearm in a motor vehicle, MCL 750.227c; MSA 28.424(3). Defendant appeals as of right. We reverse.

Because we agree that the evidence was insufficient to show that defendant had knowledge that the firearm in his vehicle was loaded, the sole question to be decided in this appeal is whether scienter is a necessary element of the statutory offense of possession of a loaded firearm in a motor vehicle. We conclude that it is.

MCL 750.227c; MSA 28.424(3) provides, in pertinent part:(1) Except as otherwise permitted by law, a…