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...BUT assuming you drew your weapon knowing your life was in peril it's a tough call.
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There in lies the part that will never happen. If I draw my gun on a BG who also has a gun, or draws after or during my draw, he's already got lead headed his way. Even if Mr. Officer shows up somehow unannounced right at that instant, I don't think my trigger finger can stop that fast. There will be no "mexican stand-off". If BG has a gun and is threatening me and I'm drawing mine, there's going to be lead downrange.