Article 114 UCMJ Carrying a Concealed Weapon

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Note: This law applies only to Article 114 UCMJ Carrying a Concealed Weapon offenses committed on and after 1 January 2019.

What is Article 114 UCMJ Carrying a Concealed Weapon?

Article 114 of the UCMJ addresses carrying a concealed weapon, a serious offense involving the unauthorized possession of a hidden weapon. This can include firearms, knives, or any other dangerous instrument. The offense is particularly concerning in a military context due to the potential threat to safety and security. Manual for Courts-Martial, United States (2024 ed.)

Penalties for this crime can be severe, including confinement, forfeiture of pay, reduction in rank, and dishonorable discharge. Due to the serious nature of these charges, the accused must seek representation from the best military defense lawyers.

Court martial lawyers play a crucial role in defending against charges under Article 114 UCMJ. They are adept at navigating the complexities of military law, challenging the evidence presented by the prosecution, and ensuring that the accused’s rights are protected throughout the legal process. Engaging experienced legal counsel can significantly impact the case outcome, potentially mitigating the severity of the penalties.

For those facing charges of carrying a concealed weapon under Article 114 UCMJ, the support of knowledgeable court martial lawyers, such as those at Gonzalez & Waddington, is essential. Their comprehensive understanding of military justice and ability to develop a robust defense strategy can significantly improve the chances of achieving a favorable outcome.

Note: The maximum and minimum punishments for Article 114 UCMJ Carrying a Concealed Weapon vary depending on the date of the offense.

What are the Elements of Article 114 UCMJ Carrying a Concealed Weapon?

That (state the time and place alleged), the accused carried (a) (an) (state the weapon alleged) concealed on or about (his) (her) person;
That the carrying was unlawful; and
That the (state the weapon alleged) was a dangerous weapon.

What are the Maximum Punishments for Article 114 UCMJ Carrying a Concealed Weapon?

For Article 114 UCMJ Carrying a Concealed Weapon offenses committed between 1 January 2019 and 27 December 2023:

1 Year of Confinement
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1

For Article 114 UCMJ Carrying a Concealed Weapon offenses committed after 27 December 2023

Under the Sentencing Parameters, Article 114 UCMJ Carrying a Concealed Weapon is a Category 1 Offense – Confinement from 0-12 months
Dishonorable Discharge, Bad Conduct Discharge, Dismissal
Total Forfeitures
Reduction to E-1
Note: The Military Judge MAY impose a period of confinement less than the jurisdictional maximum period of confinement upon finding specific facts that warrant such a sentence.

Combined UCMJ Maximum Punishment Charts

Sample Specification for Article 114 UCMJ Carrying a Concealed Weapon

In that, MSG, Blaine Thomas, US Army, did, at or near Vilseck, Germany, on or about 5 January 2025, unlawfully carry on or about his person a concealed weapon, to wit: a Glock 9mm Handgun.

Model Specification for Article 114 UCMJ Carrying a Concealed Weapon

In that _____ (personal jurisdiction data), did, (at/on board—location), on or about ________, unlawfully carry on or about (his) (her) person a concealed weapon, to wit: a _______.

What are the Definitions for Article 114 UCMJ Carrying a Concealed Weapon?

A weapon is “concealed” when carried by a person and intentionally covered or kept from sight.

“On or about” means the weapon was carried on the accused’s person or was within the immediate reach of the accused.

An object is a “dangerous weapon” if it was specifically designed to do grievous bodily harm or it was used or intended to be used by the accused to do grievous bodily harm.

“Grievous bodily harm” means a bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Inference of unlawfulness in Article 114 UCMJ Carrying a Concealed Weapon cases

Unlawfulness may be inferred from the surrounding circumstances and proved by circumstantial evidence. In such cases, the following instructions should be given.

Instruction 7-3, Circumstantial Evidence, may also be given in Article 114 UCMJ Carrying a Concealed Weapon cases

Carrying a concealed weapon may be inferred to be unlawful in the absence of evidence to the contrary. However, the drawing of this inference is not required. (In deciding this issue, you may consider along with all the evidence (whether carrying a weapon is authorized by military regulation or competent military authority) (is necessitated by military exigencies) (the nature of the accused’s military duties) (__________).

Legal Resources for Article 114 UCMJ Carrying a Concealed Weapon cases

US v. Lyons, 33 MJ 88 (CMA 1991).

Article 114 UCMJ Carrying a Concealed Weapon Military Defense Lawyers

If you are suspected or accused of Article 114 UCMJ Carrying a Concealed Weapon, speak with one of our experienced military court martial lawyers to discuss your case.

Introduction to Article 114 UCMJ Carrying a Concealed Weapon

Article 114 of the Uniform Code of Military Justice (UCMJ) addresses various offenses related to the misuse of weapons. Specifically, it includes prohibiting carrying a concealed weapon without proper authority. This article is essential for maintaining order and safety within the military community. Understanding the implications of this law is crucial for service members to avoid serious consequences.

Background of Article 114 UCMJ Carrying a Concealed Weapon

The UCMJ is the foundation of military law in the United States, established to govern the conduct of military personnel. Article 114 covers offenses involving dangerous weapons and implements, including carrying concealed weapons. The military environment requires strict control over weapons to ensure the safety of all personnel and the effective functioning of units. Unauthorized carrying of concealed weapons poses significant risks and undermines military discipline.

Basics of Article 114 UCMJ Carrying a Concealed Weapon

To secure a conviction under Article 114 for carrying a concealed weapon, the prosecution must prove the following elements beyond a reasonable doubt:

Weapon: The accused carried a weapon, typically defined as a firearm or other implement capable of inflicting serious bodily harm or death.
Concealment: The weapon was concealed on the person or in a manner that it was not readily visible to others.
Lack of Authority: The accused did not have proper authority or permission to carry

Collateral Consequences of Article 114 UCMJ Carrying a Concealed Weapon Conviction

A conviction for carrying a concealed weapon under Article 114 can have numerous collateral consequences, including:

Employment Challenges: A dishonorable or bad conduct discharge can make it difficult to obtain civilian employment, particularly in fields that require a clean criminal record.
Loss of Benefits: Convicted individuals may lose military benefits, including retirement pay, VA benefits, and healthcare.
Reputation Damage: The stigma of a criminal conviction can damage personal and professional relationships and reputations.
Civil Rights Impact: Convictions, including voting and possessing firearms, can affect civil rights.
Legal and Financial Strain: Convictions can lead to significant legal and financial burdens, including potential civil lawsuits and fines.

Purpose of Article 114 UCMJ Carrying a Concealed Weapon

The primary purpose of penalizing the unauthorized carrying of concealed weapons under Article 114 is maintaining safety and order within the military environment. When improperly managed, weapons can threaten individuals and unit cohesion. By strictly regulating the possession and concealment of weapons, the military aims to:

Ensure the safety of all personnel
Maintain discipline and good order
Prevent potential incidents of violence or accidents involving weapons
Uphold the standards of conduct necessary for effective military operations

Case Studies and Examples of Article 114 UCMJ Carrying a Concealed Weapon

Understanding how Article 114 UCMJ Carrying a Concealed Weapon is applied can provide valuable insights. Here are a few examples:

Example 1: A service member is found carrying a concealed handgun without authorization while off-duty on base. The individual intended to carry the weapon for personal protection but did not obtain the necessary permission. The service member faces court-martial charges and is ultimately convicted, resulting in a discharge and confinement for bad conduct.
Example 2: A service member is discovered with a concealed knife during a routine inspection. The military did not issue the knife, which was carried without proper authority. The service member receives non-judicial punishment, including a reduction in rank and forfeiture of pay.
Example 3: A service member carries a concealed weapon during a high-stress deployment without informing their superiors. The unauthorized weapon is discovered during a security check, leading to disciplinary action. The service member receives confinement and a dishonorable discharge.

Preventive Measures for Article 114 UCMJ Carrying a Concealed Weapon

Service members can take several steps to avoid violations of Article 114:

Understand Regulations: Familiarize yourself with military regulations regarding weapon possession and concealment. Ensure you have proper authorization before carrying any weapon.
Seek Permission: If you believe there is a valid reason to carry a concealed weapon, seek permission from your commanding officer or relevant authority.
Compliance: Always comply with orders and directives regarding weapons. Do not carry or conceal weapons in violation of established rules.
Report Concerns: If you observe unauthorized weapon possession, report it through the appropriate channels to prevent potential safety risks.

Legal Support and Resources for Article 114 UCMJ Carrying a Concealed Weapon

If facing charges under Article 114, it is crucial to seek legal support. Military defense attorneys can provide guidance and representation throughout the court-martial process. Additionally, understanding your rights and the legal procedures is essential for a fair defense.

For more information on military law and the UCMJ, visit the Joint Service Committee on Military Justice website.

Call a Civilian Military Defense Lawyer to Discuss Your Article 114 UCMJ Carrying a Concealed Weapon Case

Article 114 UCMJ’s provisions on carrying a concealed weapon underscore the importance of strict weapon control within the military. Unauthorized weapon possession not only poses safety risks but also undermines military discipline and order. Understanding this offense’s elements, potential punishments, and collateral consequences is crucial for all service members. Adhering to regulations and seeking authorization can prevent violations and ensure a safe and effective military environment.