Texas Law States Talib Could Face 1-10 Years In Jail If He Did In Fact Shoot Himself In Leg Drunk

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Dallas police are investigating where and by whom Broncos cornerback Aqib Talib was shot in the right leg early Sunday morning.

Sunday, news broke of Denver Broncos star Aqib Talib having been shot in the leg outside a Dallas nightclub. That news later developed into Taleb maybe having accidentally shot himself. Sam Cowhick of BSN Denver/KUSA-TV’s Mike Klis).

Police are currently investigating if Taleb in fact was shot by another person outside Dallas nightclub V Live, where two other men were also struck with bullets. If he was behind the bullet which entered his thigh and exited out his calf, Talib could find himself in a hefty amount of trouble.

Texas’ Penal Code states the following under Sec. 46.035. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER:

(d) A license holder commits an offense if, while intoxicated, the license holder carries a handgun under the authority of Subchapter H, Chapter 411, Government Code, regardless of whether the handgun is concealed or carried in a shoulder or belt holster [emphasis added].

That subsection goes into effect on Aug. 1 of this year, but the wording has only been slightly changed since 2011, with “or carried in a shoulder or belt holster” being added this year. (See (d) under Sec. 46.035 for the same subsection from 2011.)

Therefore, if Talib was intoxicated, as he told police, carrying a handgun would be illegal, even if he has a license to carry a handgun. If the incident happened on the premises of a Dallas nightclub, Talib could be in deeper trouble:

(g) An offense under this section [46.035] is a Class A misdemeanor, unless the offense is committed under Subsection (b)(1) or (b)(3), in which event the offense is a felony of the third degree.

Here’s what subsection (b)(1) reads:

(1) on the premises of a business that has a permit or license issued under Chapter 25, 28, 32, 69, or 74, Alcoholic Beverage Code, if the business derives 51 percent or more of its income from the sale or service of alcoholic beverages for on-premises consumption, as determined by the Texas Alcoholic Beverage Commission under Section 104.06, Alcoholic Beverage Code;

If Talib shot himself while intoxicated in the park, where he told police he was shot, he could face a Class A misdemeanor, which entails “not more than 1 year in a county jail and/or a fine of not more than $4,000.” If he shot himself on the premises of Dallas nightclub V Live, where police are investigating, he may face a felony of the third degree, which states a punishment “by imprisonment in the Texas Department of Criminal Justice for any term of not more than 10 years or less than 2 years” and a possible fine up to $10,000.

That means if Talib shot himself, as he told people close to him, he could face one to ten years in prison, depending on (a) if he was intoxicated and (b) where he was when the incident happened.

Many remember all too similar case involving self shooting inside nightclubs coming off Super Bowl wins- Plaxico Burress. The not too long ago trial put the NY Giants WR put in jail for unlawfully carrying and firing an unregistered weapon in New York City.