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Let me explain...
Guy tries to rob you/others. He's got a gun out and you pull out your firearm...
If he drops his gun and runs he is no longer a threat and can no longer shot him. You can try to stop him and detain him, but your best bet is to call the police, tell them what happened and be a good witness to the crime.
Now, say he doesn't drop the gun...in my opinion- he is still a deadly threat until he is no longer armed. Just because he left the restaurant doesn't mean he's no longer a threat.
You don't have to wait for the badguy to run to cover or reload to shoot him. He's a threat until he's not.
So, are you trying to say that it is OK to chase after them, running down the street, shoot them in the back, and it is OK?