Is it safe to ume that Plaxico Burress didn't have the "safety" on his gun?

Plaxico is a huge distraction to the team and its driving me crazy. I am in the military and I have dealt a lot with weapons and its for sure he did not have the safety on. Even if he did he wouldnt switch it off by just trying to keep it from sliding down his pants. He is being charged with criminal possesion of a weapon so hes done for the year hopefully.