Article 134 UCMJ – Weapons Offenses – Military Defense Lawyers

UCMJ Military Defense Guide by Gonzalez & Waddington

Article 134 of the Uniform Code of Military Justice criminalizes a wide range of weapons-related misconduct—anything from carrying unauthorized firearms, illegal possession of ammunition, negligent discharge of a firearm, unsecured weapons, using weapons while intoxicated, possessing prohibited knives or brass knuckles, and mishandling government-issued weapons. Because Article 134 is a “general article,” weapons offenses are charged when no other specific UCMJ article applies, allowing commands broad discretion to punish conduct they consider unsafe, negligent, or potentially dangerous.

Weapons offenses are frequently misunderstood, misapplied, or politically motivated. Many cases arise from accidents, simple mistakes, misunderstandings of state law, poor storage practices, domestic disputes, alcohol-related incidents, or overreaction by command or civilian police. In Florida—one of the most firearm-heavy states in America—military members are often caught between state gun laws and military-specific rules, leading to unnecessary charges.

Florida’s military bases—including NAS Jacksonville, Mayport, Pensacola, Whiting Field, Eglin, Hurlburt Field, Tyndall, Patrick SFB, MacDill, NSA Panama City, NAS Key West, and Coast Guard Sectors—see a high volume of weapons-related Article 134 cases, primarily due to the state’s relaxed gun culture, high rates of firearm ownership, alcohol-heavy lifestyle, and common misunderstandings about on-base policies.

Gonzalez & Waddington is internationally recognized for defending service members accused of weapons offenses, negligent discharge, concealed carry violations, and firearm-related misconduct. We expose misunderstanding of state law, command overreach, exaggeration, political pressure, and investigations driven by fear—not facts.

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Most Common Weapons Offenses Charged Under Article 134

Because the UCMJ does not have dedicated articles for many weapons violations, prosecutors often use Article 134 to charge:

• Negligent discharge of a firearm
• Carrying a concealed weapon unlawfully
• Possession of unauthorized firearms on base
• Possession of prohibited weapons (brass knuckles, switchblades, certain knives)
• Improper storage of firearms in base housing or barracks
• Transporting weapons improperly
• Brandishing a firearm in public or during an argument
• Using a firearm while intoxicated
• Firearm involvement in domestic disputes
• Unauthorized ammunition possession
• Possession of weapons on ships, aircraft, restricted areas
• Improper discharge of a firearm in public or on base

Some cases also relate to flare guns, Airsoft/paintball guns, tasers, batons, nunchucks, or improvised weapons.

Elements the Government Must Prove

To convict someone of a weapons offense under Article 134, prosecutors must prove:

1. The Accused Engaged in a Weapons-Related Act

Possession, carrying, discharging, storing, or using a weapon.

2. The Conduct Was Wrongful

Meaning unauthorized, negligent, reckless, or prohibited by military rules.

3. The Conduct Was Prejudicial or Service-Discrediting

This is often the weakest element—the government must show actual harm or potential for harm.

Types of Weapons Offenses Under Article 134

1. Negligent Discharge of a Firearm

Frequently occurs during:

• Cleaning weapons
• Loading/unloading errors
• Alcohol-related incidents
• Dry-fire practice gone wrong

2. Unauthorized Firearm Possession on Base

Many service members do not know base rules require:

• Registration of privately owned weapons
• Locked storage
• Transport rules
• Limits on ammunition

3. Concealed Carry Violations

Florida’s permit rules differ from military base rules. Having a legal CCW in Florida does not allow concealed carry on federal property.

4. Brandishing or Threatening Use of a Weapon

Often charged after drunken arguments or domestic incidents.

5. Possession of Prohibited Weapons

Common examples:

• Switchblades
• Gravity knives
• Brass knuckles
• Bats, clubs, batons

6. Improper Storage of Firearms

Leaving weapons unsecured in:

• Barracks rooms
• Cars
• Unregistered base housing

7. Using Firearms Under the Influence

Alcohol is almost always a factor in Article 134 weapons cases.

Why Weapons Offenses Are Common in Florida

Florida’s unique environment contributes heavily to weapons-related allegations:

• High statewide gun ownership
• Constitutional Carry laws conflicting with base regulations
• Nightlife and alcohol culture
• Tourist conflicts involving armed civilians
• Family and domestic stress triggering police involvement
• Misunderstanding of federal vs. state weapons rules
• High operational tempo and barracks crowding

Most Florida cases arise from mistakes, not malice.

Florida-Specific Real-World Weapons Scenarios

1. Concealed Carry on Base After a Night Out

Service member forgets they are carrying after visiting downtown Jacksonville or Tampa.

2. Negligent Discharge During Cleaning

Very common in barracks or off-base apartments.

3. Domestic Dispute Involving a Visible Weapon

Civilian police often misreport this as “brandishing.”

4. Unregistered Firearms in Base Housing

Military families moving from permissive states often forget to register.

5. “Weapons” Found in Barracks Inspections

Items like brass knuckles, combat knives, or BB guns.

6. Alcohol-Driven Gun Handling Errors

Someone pulls out a firearm to “show it off.”

7. Vehicle Searches at Gates

Gate guards find unreported firearms in a glovebox or trunk.

8. Coast Guard Boarding Teams

Weapon issues arise during stressful maritime interactions.

9. Hunting Weapons Improperly Stored

Florida’s hunting culture contributes to storage violations.

10. Barracks Drunken Horseplay

Weapons involved “as a joke” leading to serious accusations.

Maximum Punishments for Weapons Offenses Under Article 134

Punishments vary depending on the type of weapon and conduct, but may include:

• Dishonorable discharge (for serious weapons cases)
• Bad-conduct discharge
• Confinement up to 10 years (in extreme cases)
• Total forfeitures
• Reduction to E-1

More commonly, these cases result in:

• NJP / Article 15
• GOMORs or letters of reprimand
• Administrative separation
• Loss of weapons qualifications
• Loss of security clearance
• Negative evaluations

How Article 134 Weapons Investigations Work

Investigators typically include:

• NCIS
• OSI
• CID
• CGIS
• Local police
• Command-directed investigations

Common Investigative Mistakes We Expose

• Confusion between state and federal weapons law
• No proof of wrongful intent
• Assuming possession = wrongdoing
• Sloppy storage of weapons evidence
• Biased reporting in domestic cases
• Failure to test weapon functionality
• Insufficient evidence of prejudice to good order
• Misinterpretation of self-defense or safety behavior

Defense Strategies for Weapons Offenses

1. Attack the Wrongful Intent Element

Most cases involve mistake, confusion, or forgetfulness—not criminal knowledge.

2. Show Lawful Ownership Under State Law

Florida permits do NOT automatically apply on base; we clarify this for the court.

3. Prove the Accused Followed Reasonable Safety Measures

Many “storage violations” are exaggerated.

4. Use Florida-Specific Defenses

• Constitutional Carry confusion
• Tourist/civilian misunderstandings
• Gate search irregularities

5. Break Down Ballistics and Forensic Testing

We challenge assumptions about negligent discharge and weapon operability.

6. Show Domestic Violence Misinterpretation

Weapons often appear in DV cases without any intent to threaten.

7. Challenge Chain-of-Custody

Weapon seizures during domestic or nightlife incidents are often mishandled.

Pro Tips for Anyone Accused of Weapons Misconduct

• Do NOT talk to investigators or police.
• Do NOT attempt to “explain” weapons storage or possession.
• Document where the weapon was located.
• Preserve receipts, permits, and gun ownership documentation.
• Avoid discussing the case with anyone in your unit.
• Do not delete texts or social media posts.
• Immediately contact a civilian military defense attorney.

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Article 134 Weapons Offenses – Frequently Asked Questions