§ Article 134 : Firearm Discharging Through Negligence

Negligent discharge of a firearm is an enumerated offense under Article 134 of the UCMJ (10 U.S.C. § 934), the General Article. It punishes discharging a firearm through negligence, when the conduct is prejudicial to good order and discipline or service-discrediting.

Disambiguation — this is not Article 134 itself, and is distinct from Article 114

Article 114(c) addresses discharging a firearm willfully and wrongfully under circumstances endangering human life. This Article 134 offense addresses a discharge caused by the accused’s negligence.

Who It Applies To

Any person subject to the UCMJ whose negligence causes the discharge of a firearm, under circumstances that are prejudicial to good order and discipline or service-discrediting.

What It Covers

1. The accused discharged a firearm.
2. The discharge was caused by the accused’s negligence.
3. Under the circumstances, the accused’s conduct was prejudicial to good order and discipline in the armed forces, was of a nature to bring discredit upon the armed forces, or both.

“Negligence” here is simple negligence — the absence of the care a reasonably careful person would exercise for the safety of others under the same or similar circumstances.

Maximum Punishment

Maximum authorized punishment. Confinement for 3 months and forfeiture of two-thirds pay per month for 3 months, with no punitive discharge.

Sentencing parameters. Category 1 (0–12 months), with a recommended maximum of 3 months, the authorized maximum.

The newer sentencing rules apply, subject to the capital-case rules, when the accused is convicted only of offenses committed after 27 December 2023. See How UCMJ Sentencing Rules Apply. The maximum authorized punishment and the applicable sentencing framework do not predict the sentence in a particular case.

Related and Distinguished

Negligent discharge is one of the offenses listed under the General Article. A willful and wrongful discharge under circumstances endangering human life is addressed by Article 114, and a death caused by simple negligence by the negligent homicide offense.

What the Provision Does

This offense covers a negligent discharge of a firearm, without the willful and wrongful discharge under circumstances endangering human life that Article 114 requires. The maximum confinement is 3 months.

History

Negligent discharge of a firearm was an enumerated Article 134 offense in the 2016 edition of the Manual for Courts-Martial (paragraph 80). The 2018 amendments to the Manual (Executive Order 13825), effective January 1, 2019, carried it forward as the current paragraph 100.

Sources

• 10 U.S.C. § 934 (Article 134, UCMJ)
• Manual for Courts-Martial, United States, 2024 edition, Part IV, ¶ 100
• Manual for Courts-Martial, United States (2024 ed.), Appendix 12B and Appendix 12C
• Manual for Courts-Martial, United States (2024 ed.), Appendix 17 (Analysis of Punitive Articles)