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I don't know how to determine if someone holding a gun does or doesn't mean to shoot, with any reliability that is. If someone has a gun drawn the only assumption I am going to make is that he means to use it.

Based on the scenario given, if I was far enough out of his line of vision that I did not feel endangered, I would probably seek concealment, and possibly even draw and cover him, but if the gun was anywhere near pointing at me, all bets are off. I would be assessing tactical and strategic options and it's very possible that I might feel endangered enough to shoot first and ask questions later.

I'm with HighV, there is no set piece solution to situations like this.