I know we have all been in this situation. You are peacefully sitting in your Cadillac listening to Miles Davis. Some old dudes come up next to you in their Scion SUV blaring the Beatles at maximum volume. You politely ask them to enjoy their music at a more reasonable volume, and they just turn it up. You see one of them picking up something that looks like a gun, so you quite reasonably pull the Mac 10 you keep in the car for drive by's and kill everyone in self defense.
Unfortunately what you thought was a gun was just a bong. Fortunately the jury does not convict you of murder, because, of course the appropriate response to loud music is to kill another person. Because, of course, we carry around guns looking for opportunities to kill, not to 'protect' ourselves.
It would be pretty to think that such a world existed in which listening to the Beatles, no matter how annoying it is, was a god given right, while listening to Lupe Fiasco, was a right provisionally given by the white hegemony, with the caveat that it could be taken away at any moment by any person with a gun.
Yes, sometimes such people may face time in prison. Yes, sometimes such people may even be seen as criminals. The lives lost, however, can never be reclaimed, and the assumption that certain people have the right to take a life because they have a gun has not been attenuated.
We still have laws that assume that a person with a gun is going to be in a station where a life must be taken, and the laws have to err on the side of those who walk around looking for an excuse to kill, not the peaceful people just assuming that all of us has the same right to life, liberty, and occasionally annoying other people.