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The guide removed the shoulder holster to gut the Elk, but there is no evidence that it was unloaded at that time.
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Mark, you're only trying to be reasonable, but given the fact that the gun was found in that condition (probably) where the hunter dropped it, and the people who recovered it (police officers of the National Park, I assume) would have brought it in as found, it's probably just as it looks. Sure, it's an assumption because we can't prove anything, just rely on testimony after the fact that it wasn't tampered with after recovery.
But, in any event, it's either real, or a slightly modified scenario that is being discussed reasonably, just like any of the other created scenarios that are discussed. Any hypothetical guide who let himself be caught unarmed and unawares is just as guilty of stupidity, despite his imagined status.