Legal Requirements for Manual Safety

CHL discussions that do not fit into more specific topics

Moderators: carlson1, Charles L. Cotton

Post Reply

Topic author
Dan1416
Junior Member
Posts in topic: 1
Posts: 3
Joined: Sat Mar 25, 2017 9:02 am

Legal Requirements for Manual Safety

#1

Post by Dan1416 »

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?
User avatar

Flightmare
Senior Member
Posts in topic: 1
Posts: 3096
Joined: Wed Mar 09, 2016 7:00 pm
Location: Plano, TX

Re: Legal Requirements for Manual Safety

#2

Post by Flightmare »

Safety does not legally have to be engaged. In fact, there are many pistols that do not even have a manual safety.
Deplorable lunatic since 2016
User avatar

bblhd672
Senior Member
Posts in topic: 1
Posts: 4811
Joined: Mon Jun 06, 2016 10:43 am
Location: TX

Re: Legal Requirements for Manual Safety

#3

Post by bblhd672 »

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
The left lies about everything. Truth is a liberal value, and truth is a conservative value, but it has never been a left-wing value. People on the left say whatever advances their immediate agenda. Power is their moral lodestar; therefore, truth is always subservient to it. - Dennis Prager
User avatar

JustSomeOldGuy
Senior Member
Posts in topic: 1
Posts: 1417
Joined: Sat Dec 26, 2015 10:49 am

Re: Legal Requirements for Manual Safety

#4

Post by JustSomeOldGuy »

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.
Last edited by JustSomeOldGuy on Sat Mar 25, 2017 11:07 am, edited 1 time in total.
member of the church of San Gabriel de Possenti
lay brother in the order of St. John Moses Browning
USPSA limited/single stack/revolver
User avatar

C-dub
Senior Member
Posts in topic: 1
Posts: 13562
Joined: Sat May 16, 2009 7:18 pm
Location: DFW

Re: Legal Requirements for Manual Safety

#5

Post by C-dub »

No more legal issues than loading it up with those super deadly cop killer hollow point boollits. :biggrinjester:
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
NRA Patriot-Endowment Lifetime Member---------------------------------------------Si vis pacem, para bellum.................................................Patriot Guard Rider

RSX11
Member
Posts in topic: 1
Posts: 192
Joined: Fri Mar 11, 2016 5:26 pm

Re: Legal Requirements for Manual Safety

#6

Post by RSX11 »

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... ;-)

NotRPB
Senior Member
Posts in topic: 1
Posts: 1356
Joined: Tue May 05, 2015 8:24 am

Re: Legal Requirements for Manual Safety

#7

Post by NotRPB »

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.
:iagree:

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"
User avatar

Charles L. Cotton
Site Admin
Posts in topic: 1
Posts: 17787
Joined: Wed Dec 22, 2004 9:31 pm
Location: Friendswood, TX
Contact:

Re: Legal Requirements for Manual Safety

#8

Post by Charles L. Cotton »

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.
User avatar

ELB
Senior Member
Posts in topic: 1
Posts: 8128
Joined: Tue May 22, 2007 9:34 pm
Location: Seguin

Re: Legal Requirements for Manual Safety

#9

Post by ELB »

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.
USAF 1982-2005
____________
User avatar

Liberty
Senior Member
Posts in topic: 1
Posts: 6343
Joined: Mon Jul 03, 2006 8:49 pm
Location: Galveston
Contact:

Re: Legal Requirements for Manual Safety

#10

Post by Liberty »

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
Liberty''s Blog
"Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom." John F. Kennedy
Post Reply

Return to “General Texas CHL Discussion”