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The "imminence" is gone (gun back in pants)
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I disagree. Most folks can draw and fire in around 1.5-2.0 SECONDS. That qualifies as immediate to me. Couple that with the fact that barring a CNS hit, a handgun round will take some time to disable the opponent.... a gun in the waistband is just as immediate as one in the hand.
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What if, after all this went down, the gun in his hand was a replica Glock squirt gun and he was just intimidating
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. Thats NOT relevant the the SD shoot. If the threat appears to be real...then it is.