UCMJ Article 114: Carrying a Concealed Weapon

A hidden knife in a waistband, a pistol tucked under civilian clothes off duty, brass knuckles slipped into a pocket on liberty overseas: each can place a service member under Article 114 of the Uniform Code of Military Justice. Carrying a concealed weapon is one of several distinct endangerment offenses now grouped under a single statute, 10 U.S.C. 914. The conduct was previously charged under the general article, Article 134, but the 2016 Military Justice Act, effective 1 January 2019, moved it into Article 114(d) as a standalone offense with its own elements.

The provision reflects the military’s tight control over weapons. Concealment removes the warning that an openly carried weapon provides, and an unauthorized hidden weapon raises questions of discipline, safety, and trust both on installations and in surrounding communities.

Where this offense sits within Article 114

Article 114 is titled “Endangerment offenses” and consolidates four separate prohibitions:

  • Subsection (a): reckless endangerment, meaning wrongful and reckless or wanton conduct likely to produce death or grievous bodily harm.
  • Subsection (b): dueling, including fighting, promoting, or failing to report a duel.
  • Subsection (c): willfully and wrongfully discharging a firearm under circumstances that endanger human life.
  • Subsection (d): unlawfully carrying a dangerous weapon concealed on or about the person.

This page addresses subsection (d), carrying a concealed weapon. The statutory language is direct: any person subject to the chapter who unlawfully carries a dangerous weapon concealed on or about his person shall be punished as a court-martial may direct.

Elements the government must prove

To obtain a conviction under Article 114(d), the prosecution must establish each of the following beyond a reasonable doubt:

  • That the accused carried a certain weapon concealed on or about the person.
  • That the carrying was unlawful, meaning without proper authority or justification.
  • That the weapon was a dangerous weapon, that is, one designed for or used with the intent to inflict death or grievous bodily harm.

Concealment means the weapon was carried in a manner that hid it from ordinary observation. A weapon is “on or about” the person when it is carried on the body or is within immediate reach and control, such as in a bag or vehicle compartment under the accused’s direct control.

What “unlawful” and “dangerous weapon” require

The carrying must be unlawful. A duty weapon carried under orders, a service-issued sidearm worn on guard, or a weapon authorized by command policy is not carried unlawfully. The government cannot rely on the act of carrying alone; it must show the carrying lacked authority.

A dangerous weapon is one specifically designed to inflict death or grievous bodily harm, such as a firearm or a fixed-blade combat knife, or an ordinary object that the accused intended to use to cause such harm. Common tools and utility items generally fall outside the definition unless their character or the accused’s intended use makes them dangerous.

Maximum punishment

For carrying a concealed weapon under Article 114(d), the maximum punishment listed in the Manual for Courts-Martial is a bad-conduct discharge, forfeiture of all pay and allowances, and confinement for one year. The other Article 114 offenses carry their own maxima. Reckless endangerment under subsection (a) and willful discharge of a firearm endangering human life under subsection (c) each authorize a dishonorable discharge, total forfeitures, and confinement for one year, while dueling under subsection (b) likewise carries a one-year ceiling.

For offenses committed on or after 27 December 2023, sentencing proceeds under the standardized sentencing parameters and criteria adopted with judge-alone sentencing, which sort offenses into categories rather than relying solely on the older maximum-punishment table. The statutory and Manual maxima remain the ceiling.

Defenses

Common defenses to an Article 114(d) charge include:

  • Lawful authority. Command authorization, duty requirements, or orders permitting the weapon defeat the unlawfulness element.
  • Not a dangerous weapon. If the item was not designed to cause death or grievous bodily harm and was not intended for that use, the weapon element fails.
  • No concealment. A weapon carried openly is not concealed.
  • Mistake of fact. A reasonable, honest belief that the carrying was authorized may negate the wrongful character of the act.

Distinctions from related offenses

Article 114(d) punishes possession in a concealed manner, not use. An assault charge under Article 128 addresses an offer or attempt to do bodily harm, and reckless endangerment under Article 114(a) addresses conduct likely to cause death or grievous bodily harm. A service member who conceals a weapon and then uses it may face multiple charges. The concealed-weapon offense is complete the moment the weapon is unlawfully carried in a hidden manner, regardless of whether it is ever drawn or used.

Frequently asked questions

What qualifies as a concealed weapon under Article 114?
A dangerous weapon hidden from ordinary observation on or about the person, designed for or intended to be used to inflict death or grievous bodily harm. Firearms and combat-style knives commonly qualify; ordinary tools usually do not.

Does the weapon have to be used to violate Article 114(d)?
No. The offense is complete once a dangerous weapon is unlawfully carried in a concealed manner. Use or display is not required.

Do civilian carry permits authorize carrying on a military installation?
Not automatically. Installation and command policies govern weapons on military property, and a civilian permit does not override those rules.

Does Article 114 apply overseas?
Yes. The UCMJ applies worldwide. Carrying a concealed weapon in violation of command policy or host-nation law abroad can be charged.

How is this different from reckless endangerment under the same article?
Reckless endangerment under Article 114(a) targets wrongful conduct likely to cause death or grievous bodily harm. Carrying a concealed weapon under Article 114(d) targets unlawful concealed possession of a dangerous weapon, without any requirement of risky use.

Sources

10 U.S.C. 914 (Article 114, Endangerment offenses): https://www.law.cornell.edu/uscode/text/10/914
Manual for Courts-Martial, United States (2024 edition), Part IV: https://jsc.defense.gov/Portals/99/2024%20MCM%20files/MCM%20(2024%20ed)%20(20240102)%20(adjusted%20bookmarks).pdf
Military Attorney Joseph L. Jordan, Articles of the UCMJ

This article is for general informational purposes only and is not legal advice. It describes military law and procedure of public record, does not address any individual case, and does not create an attorney-client relationship.

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