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PUNITIVE ARTICLES

Under the Uniform Code of Military Justice

Article 134 – General article

Weapon: Concealed, Carrying

Source: Internal (UCMJ) or external at constitution.org

The UCMJ is the derived source of this information.  The information below is for illustration and educational purposes only and may not reflect the most recent changes.  Please refer to your Legal Office or Area Defense Counsel for legal advice.

Text.

See Paragraph 60 (Article 134 - General Article).

Elements.

(1) That the accused carried a certain weapon concealed on or about the accused’s person;

(2) That the carrying was unlawful;

(3) That the weapon was a dangerous weapon; and

(4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Explanation.

(1) Concealed weapon. A weapon is concealed when it is carried by a person and intentionally covered or kept from sight.

(2) Dangerous weapon. For purposes of this paragraph, a weapon is dangerous if it was specifically designed for the purpose of doing grievous bodily harm, or it was used or intended to be used by the accused to do grievous bodily harm.

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

Lesser included offenses. Article 80—attempts

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







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Revised: 10/21/09.