NOTE 1: If convicted of only offenses committed on or after 28 December 2023, the judge shall sentence the accused in accordance with the sentencing parameters or criteria, as appropriate, or state reasons for deviating in writing. See RCM 925(c)(2), RCM 1002(a)(2), Appendices 12B (Parameter Table-Confinement Categories), 12C (Offense Category Chart), and 12D (List of Criteria Offenses), 2024 MCM.
a. MAXIMUM PUNISHMENT: DD, TF, 1 year, E-1. (Category 1)
b. SAMPLE SPECIFICATION:
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 __________.
c. ELEMENTS:
(1) That (state the time and place alleged), the accused carried (a) (an) (state the weapon alleged) concealed on or about (his) (her) person;
(2) That the carrying was unlawful; and
(3) That the (state the weapon alleged) was a dangerous weapon.
d. DEFINITIONS AND OTHER INSTRUCTIONS:
A weapon is “concealed” when it is carried by a person and intentionally covered or kept from sight.
As used in this specification, “on or about (his)(her) person” 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 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.
“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.
NOTE 2: Inference of unlawfulness. Unlawfulness may be inferred from the surrounding circumstances and, hence, proved by circumstantial evidence. In such cases, the following instruction should be given. Instruction 7-3, Circumstantial Evidence, may also be given:
The carrying of 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) (__________).
e. REFERENCES: US v. Lyons, 33 MJ 88 (CMA 1991).