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I don't believe that is true. To shoot at anyone in retreat proves there's no imminent threat to you anymore. Thin line there!
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A person who is moving away from you may or may not be in retreat. They may simply be going for a better vantage position. You can't know their intent until they are gone.
Here is a great example, and from Florida...
http://articles.orlandosentinel.com/...cealed-weapons
Robbers approached CCW holders and tried to rob them. This was a neat fight in a bunch of ways. Not only did the good guys draw on a drawn gun and exchange shots and not only did the bad guy retreat only to start firing anew, but the shot average was way above normal as well. This isn't your typical 3 round gunfight.
Bad guys do sometimes stop firing, "retreat" to better vantage, then re-engage. They never stop being a threat until they are gone.
BTW, no problem with the CCW holders in this shooting either.