I disagree. That is a situation made equal. If someone pulls a gun on you, you have to figure they intend to use it. If they are pretending then they get what they deserve.
Trust me, people don't walk the streets waving guns. If you see one you have to think that it's going to be used. And you never pull yours unless you intend to use it. (of course, unless you are at the range, in which case you are in fact using it)