The earlier post is correct, if you intend to shoot someone it doesn't matter about the manual safety or a magazine safety. You had intent to shoot and you carried your intent out (bang).
Now if for some reason your gun goes off accidentally, then you are open to: in the event of death charges up to involuntary manslaughter. No death or injury: as little as careless use of a handgun, unlawful discharge or ???
Don't forget you can count on being sued for almost anything.
Now for the mag safety, it is a stupid state mandated requirement. Only a few states require it. Nice to know S&W did not put a mag safety on the Shield. It might have cost them some sales. I would bet eventually they will make some Shields with a mag safety for those states. One example for no mag safety is your in a gunfight. You know your low on ammo, you have one chambered and you decide on loading a fresh mag. Just as you drop the mag a bad guy starts running at you. There is nothing you can do until you get the mag loaded as the gun won't fire (mag safety).
What is a mag safety for? The idiot that is going to leave the gun lying around with a round in the chamber? I know someone is going to do it, but where is the common sense and gun safety rules not being followed? Don't say it's for the PO that gets into a fight for his gun and he drops the mag so he won't get shot. First if he is in that type of fight he likely couldn't get to that damn small mag release. Second is the PO does not want a mag safety for the above reason, he wants to be able to fire a chambered round with the mag out.
Remove the manual safety? For those that don't want the safety it is because they don't use a safety. So everyone says "well just leave it set in the off position". So you leave it off and you now have a situation where you have to pull the gun and shoot, no time to think. You pull the gun, aim, and pull the trigger. Nothing happens as somehow the safety somehow got accidentally bumped to the on position. The couple of seconds it would take to realize what happened could mean your life.
So now you understand why they want to remove the safety. They don't trust that it won't get accidentally set on, when they expected it to be off.
My carry guns have a manual safety, and I use the safety and train flicking it off, with my thumb, as I draw the gun. But I understand why many gun owners don't want the safety, and I respect their decision to make it non-operative.
Bob