UCMJ Article 134 – Carrying a Concealed Weapon

This enumerated offense under Article 134 punishes service members who wrongfully carry a concealed weapon without proper authority. A “concealed weapon” is any dangerous or deadly instrument hidden on a person or in their immediate control that could be used to inflict harm. The military prohibits unauthorized concealed weapons because they pose risks to discipline, safety, and good order both on and off duty.

The offense applies worldwide and reinforces the expectation that service members respect military regulations, host-nation laws, and command directives regarding weapons.

Key Elements

The prosecution must prove:

  1. That the accused carried a weapon concealed on or about their person.
  2. That the weapon was dangerous or deadly.
  3. That the carrying was wrongful and without authority.
  4. That, under the circumstances, the conduct was prejudicial to good order and discipline or was of a nature to bring discredit upon the armed forces.

Scope and Application

This article applies to:

  • Carrying concealed firearms without proper authorization.
  • Hiding knives, brass knuckles, or other deadly weapons on one’s person.
  • Concealing weapons in vehicles under immediate control when unauthorized.
  • Carrying concealed weapons in violation of host-nation law while deployed overseas.

It does not apply to weapons lawfully carried under orders, duty requirements, or civilian permits recognized by the chain of command.

Punishment

  • Maximum punishment: Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 1 year.

Defenses

Possible defenses include:

  • Lawful authority: If the accused had command or legal authorization to carry the weapon.
  • Not a deadly weapon: If the item was not inherently dangerous (e.g., common tools).
  • No concealment: If the weapon was openly carried.
  • Mistake of fact: If the accused reasonably believed they were authorized to carry.

Examples

If a soldier hides a handgun in their waistband while off duty on base, Article 134 applies. If a Marine conceals a combat knife in civilian clothes without authority, it qualifies. If an airman carries brass knuckles hidden in a pocket downtown overseas, it is punishable. Conversely, if a sailor openly carries a duty pistol while on guard orders, it is not wrongful.

Conclusion

Article 134 carrying a concealed weapon charges emphasize the military’s strict control over weapons to preserve safety and discipline. By punishing unauthorized concealment, the UCMJ ensures accountability and prevents dangerous or reckless behavior that could harm others or damage the reputation of the armed forces.

Frequently Asked Questions

1. What counts as a concealed weapon?
Any deadly or dangerous weapon hidden on or about the person, such as a firearm, large knife, or brass knuckles. The key is concealment and potential for harm. Concealment means the weapon is hidden from ordinary observation.

2. What is the maximum punishment?
Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for up to 1 year. The punishment is less severe than violent crimes but still career-ending. It reflects the seriousness of unauthorized weapons.

3. Can service members carry weapons under civilian permits?
Only if recognized by command authority. Civilian permits do not automatically override military rules. Commanders can restrict or prohibit carrying even with a civilian permit.

4. Does the weapon need to be used to be punishable?
No. The offense is complete once the weapon is wrongfully concealed and carried. Actual use or threat of use is not required. The law focuses on possession.

5. Does this offense apply overseas?
Yes. Carrying concealed weapons in violation of host-nation laws or command policies is punishable. The UCMJ applies worldwide, regardless of local laws.

6. Can tools like pocketknives count as concealed weapons?
Usually not, unless the knife is unusually large, dangerous, or used as a weapon. Ordinary utility knives or tools may not qualify. The determination depends on intent and design.

7. What if the accused believed they had authority?
A reasonable mistake of fact may be a defense. For example, if told by a supervisor they could carry, the accused may not be guilty. The government must prove wrongful intent.

8. How does this offense differ from assault with a dangerous weapon?
Assault punishes actual use or attempted use of the weapon. Carrying a concealed weapon punishes unauthorized possession alone. They can overlap if both possession and assault occur.

9. Why is concealment emphasized?
Because hidden weapons create risks of surprise attacks and undermine trust. Openly carried duty weapons are subject to regulation, but concealed weapons raise suspicion and danger.

10. Why does the military punish this separately?
Because strict weapons control is essential to discipline, safety, and mission success. Unauthorized concealment poses unique risks, so the UCMJ addresses it specifically.

Sources

  • Uniform Code of Military Justice, 10 U.S.C. § 934, Article 134 (Carrying a Concealed Weapon)
  • Manual for Courts-Martial, United States (2024 edition)
  • Army Regulation 27-10, Military Justice
  • Navy JAGMAN (Judge Advocate General’s Manual) § 0166
  • Air Force Instruction 51-201, Administration of Military Justice
  • Court of Appeals for the Armed Forces, United States v. Thompson, 3 C.M.R. 64 (1952)
  • Military Attorney Joseph L. Jordan, Articles of the UCMJ web page

This content is for informational purposes only. If you are facing issues related to Article 134 or any other UCMJ provision, you should consult a qualified military attorney.

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