Interesting question, and I would suppose it would depend entirely on the jurisdiction's laws where it occured.
In Nevada, as long as the assailant is armed it can be argued that he was still a threat and was only seeking cover. Had this happend here, the stipulation that an assailant is a threat when armed with a firearm at ANY distance comes into play, together with the definition of a deadly force threat as being readily capable of being carried out, and the 21-foot rule goes out the door, and the guy (the defender) would not be charged and would not have to defend himself in court. The assailant/s would represent a threat as long as they are armed, regardless of their direction of travel, and with the consideration that they (the assailants) had already demonstrated a willingness to use their firearms as a deadly force threat in the commission of a crime, the defender should not have any difficulty in upholding his actions.
Perhaps in Clark County (Las Vegas area) some attorneys may be able to make something out of this by coming down hard on the defender, since the gun laws there closely reflect those of southern California, but anywhere else in the state: no case.
In Nevada, as long as the assailant is armed it can be argued that he was still a threat and was only seeking cover. Had this happend here, the stipulation that an assailant is a threat when armed with a firearm at ANY distance comes into play, together with the definition of a deadly force threat as being readily capable of being carried out, and the 21-foot rule goes out the door, and the guy (the defender) would not be charged and would not have to defend himself in court. The assailant/s would represent a threat as long as they are armed, regardless of their direction of travel, and with the consideration that they (the assailants) had already demonstrated a willingness to use their firearms as a deadly force threat in the commission of a crime, the defender should not have any difficulty in upholding his actions.
Perhaps in Clark County (Las Vegas area) some attorneys may be able to make something out of this by coming down hard on the defender, since the gun laws there closely reflect those of southern California, but anywhere else in the state: no case.