Whether the right to keep and bear arms protected by the Second Amendment; the right to be free from conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the charged crime, guaranteed by the due process clause of the 14 Amendment; and the Fifth Amendment protection against double jeopardy prohibit retrial of a defendant on charges of unlawful possession of firearms and ammunition where the prosecution failed to prove beyond a reasonable doubt the essential element of absence of licensure at the defendant's trial.

Whether the Second Amendment, due process clause, and Fifth Amendment protection against double jeopardy prohibit retrial of a defendant on firearms possession charges where the prosecution failed to prove absence of licensure beyond a reasonable doubt