Who knows, it may be a case of self-defense. Admittedly, since they were "arguing", that's going to be very hard to defend. The guy with the CPL and gun should have walked away and been the better man. But, if he was physically attacked during the argument, he certainly has the right to defend himself. I'd love to see the security camera footage from the gas station, since 99% of them have cameras to catch people stealing gas. I'm sure that would be pretty definite to see if it was a case of "drawing the gun in anger" or "drawing the gun in fear."