I'm baffled on how to respond because what your saying has nothing to do with what I'm talking about.
In the Gunsmoke episode, Charles Bronson, aka The Killer, is goading cowpokes to draw on him and then killing them and claiming self defense. Marshal Dillan knows the guy is trouble but can't arrest him (or shoot him) because he hasn't committed a crime. His only choice is to get The Killer to draw on him which is complicated further by the fact that The Killer is quicker on the draw than the Marshal. This modern white-hattery forms the basis of the drama of the episode.
A similar situation occurs in the opening of Fistfull of Dollars, when Clint is demanding the men apologize to his mule to get them to draw their guns so he can kill them all.
Or in True Grit, where Rooster is on trial for shooting an unarmed man while serving an arrest warrant.
You can exclude all these iconic scenes as modern legalism, but if you make a western RPG that excludes Gunsmoke, Fistful of Dollars and True Grit, I'm not sure what you have left.