Generally, if you reasonably fear for your life and cannot safely retreat then deadly force is justified in almost all jurisdictions. Some states/jurisdictions and/or physical places do not require retreat. There's no substitute for knowing the laws in your area.
As has been stated, you do not shoot with the
intention to kill even if that is the virtually guaranteed outcome. You are stopping the threat.
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I assume anytime a gun is drawn on me first I can draw and shoot since I am in fear for my life??
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Your problem here is that you are FAR behind the reactionary curve. Drawing on a BG that already has his gun on you is a recipe for an early funeral. Sometimes you have no choice, sometimes you do.