He couldn't get his safety off or forgot he didn't have a round in the chamber.... hmmm.
Here I have the right to defend myself and my family. Going back to engage him after retreating to a safer area could go either way.
Here, if you go back to engage, you are then deemed the "aggressor"....
If he was alone, I could see that. I wonder about the duty to retreat when its a situation where you're protecting lives other than just your own.
One could maintain that he was working as best he could to manage the situation before engaging. The threat is still present for people other than the concealed carrier. In your state (Oregon?) are you not allowed to use deadly force in defense of others, only yourself?
That's a conundrum I've never thought about...I've never lived in a state with a duty to retreat (even CA doesn't have a duty to retreat).
