Extenuating circumstance.
The man was in reasonable fear for his life.
You've been told that previously (by somebody, I do not remember who) on this same precise issue.
So, you're saying a Chapter 9 defense will work here? Against who? The cops? Don't hold your breath. Especially don't hold your breath for the guy who actually fired his gun in the restaurant. Maybe all the perps who went to jail for drawing down on the cops should have used your application of a chapter 9 defense. LOL!
Or, maybe you want to make the argument that they feared for their lives from being shot by other bikers. Are you sure you want to go there?