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Does a manual safety have to be engaged while open carrying/conceal carrying? If I am involved in a self-defense shooting would there be any negative legal implications for stating the I that did not have the safety engaged (I figure the question will be asked at some point during the legal aftermath). I carry an M&P shield and I never carry it with the safety engaged, I'm thinking about removing the safety but I figure this would carry heavier legal issues than not having a safety engaged. Any thoughts?

Safety does not legally have to be engaged. In fact, there are many pistols that do not even have a manual safety.

Dan1416 wrote:Does a manual safety have to be engaged while open carrying/conceal carrying? If I am involved in a self-defense shooting would there be any negative legal implications for stating the I that did not have the safety engaged (I figure the question will be asked at some point during the legal aftermath). I carry an M&P shield and I never carry it with the safety engaged, I'm thinking about removing the safety but I figure this would carry heavier legal issues than not having a safety engaged. Any thoughts?

I'm not sure the safety on a Shield is removable- this is based upon posts I've seen on the S&W Forums

All Shield versions are available in two flavors: 1) with a thumb safety, and 2) without a thumb safety. Do not remove the safety from yours. Trade the gun for the version of Shield that was manufactured without, if you feel it's a possible legal issue.

No more legal issues than loading it up with those super deadly cop killer hollow point boollits.

I'm not sure the safety on a Shield is removable- this is based upon posts I've seen on the S&W Forums

Any mechanical part is removable if you're sufficently determined...

JustSomeOldGuy wrote:All Shield versions are available in two flavors: 1) with a thumb safety, and 2) without a thumb safety. Do not remove the safety from yours. Trade the gun for the version of Shield that was manufactured without, if you feel it's a possible legal issue.

I own a Stainless Springfield XD45 WITH the Thumb Safety (in addition to grip safety), had to look to find one WITH the Thumb Safety.
Trade one with parts you don't want for one you do want, that's better, in my opinion, than altering a firearm, especially if you worry a lawyer might say "Admit or deny you removed the safety from the firearm, and intentionally modified that firearm to make it less safe"

I always use the thumb safety on my 1911s, but there is no legal requirement to use an available safety. The only time I could see this being an issue is when one claims they didn't intend to shoot. In fact, saying "oops, I didn't mean to shoot" is a way to turn a righteous self-defense shooting into a problem.

Chas.

OK, tangent here, but I would be concerned about carrying a gun that has a manual safety with the safety off not because of, er, safety or legal issues, but because of the chance that the safety would inadvertently get flipped ON -- and with my luck that would be just before I really really needed to use that gun. If I hadn't trained to automatically disengage the safety, I can easily see myself waving a non-functioning gun at somebody for a few seconds.

For purely practical reason, I would vote that if the gun has a thumb safety, practice practice practice swiping that safety OFF when you draw -- and if you are going to do that, might as well have the safety on when it is in the holster. If don't want to fool with a thumb safety, buy a Glock. Or a Shield without a thumb safety if they make them that way.

ELB wrote:OK, tangent here, but I would be concerned about carrying a gun that has a manual safety with the safety off not because of, er, safety or legal issues, but because of the chance that the safety would inadvertently get flipped ON -- and with my luck that would be just before I really really needed to use that gun. If I hadn't trained to automatically disengage the safety, I can easily see myself waving a non-functioning gun at somebody for a few seconds.

For purely practical reason, I would vote that if the gun has a thumb safety, practice practice practice swiping that safety OFF when you draw -- and if you are going to do that, might as well have the safety on when it is in the holster. If don't want to fool with a thumb safety, buy a Glock. Or a Shield without a thumb safety if they make them that way.

Properly drawing one's weapon is actually a pretty complicated process. Sweeping a safety is actually a very simple small part of the process. Although a thumb sweep of a safetyless gun is pretty harmless, a thumb sweep of a 1911 won't have the same effect as Beretta P92