N-S aren't "right" though. The derivations make a lot of good assumptions that breaks down in certain materials/situations.
What is right is its starting point on the conservation of momentum and energy. Then it makes certain assumptions about the stress-tensor which are not necessarily true. Meaning, you can derive the N-S from consv. of mass and E and a certain stress tensor (ST), but its not derived from a universal ST.
His life doesn't have to be in danger to pull a gun!
1. He just has to justify that he had a reasonable fear for it.
2. Anyway he was protecting his property
In fact, he did a very honest thing: he brandished his gun. Which means he showed the would be criminals that he was packing.
Steps to shoot a would be assailant legally:
1. Show that you're packing
2. if the would be assailant doesn't leave, aim
3. if the would be assailant doesn't leave, shoot.
Its a very fast, but choreographed dance. The point of it being that you don't just get to shoot anyone right away, you have to give them a chance to bugger off. Which they did.
EDIT: I've never owned a gun and don't really want to own one (shooting is a lot of fun, but I don't want to be a gun owner). I might buy a .22 rifle (hardly relevant for this story)
Ironically, a black swan isn't really at all - just unknown. Which really is Taleb's point: black swans aren't as rare as they are priced to be.