Two biological brothers. One brother, M, is 44 years old, approximately 6 feet tall, and about 210 lbs. The other brother, A, is 5 feet 5 inches tall and approximately 140 lbs. Brother M is a convicted felon. He served 10 years in prison for an incident that occurred in 2010, when he murdered his sister's boyfriend, who had apparently been physically abusive to his sister. Brother M is currently on probation for that case. As a convicted felon, he cannot own or be in possession of a firearm or seek employment in any field that requires the use of a firearm. Brother A has no prior criminal record. Brother A is currently employed as a security guard, and he has a Carrying A Concealed Weapon permit for his personal use and work as a security guard. A and M have not had a close relationship as brothers, for years. A believes that M is jealous of him because A does not have a criminal record and he is gainfully employed, and he can pursue a life that M's criminal history does not afford M to have. A believes that since returning home from prison M is extremely angry and upset and that M has a chip on his shoulder. Incident: Brother M and Brother A reside together in the same 2-bedroom duplex apartment. On the evening of Friday, October 16, 2020, A was taking a nap before he began his security night shift, when he was awakened to the sound of loud music blasting throughout the apartment. Apparently, M had been listening to his music and A thought that M was being inconsiderate and disrespectful, since A had been trying to nap prior to going to work. Brother A confronted Brother M about it, and a verbal argument ensued. At some point during the argument, A retrieved his personal firearm (did not point the firearm at M) because A believed that M, being physically taller and bigger than him, was going to punch him (M apparently had his fists balled up during the argument). Brother A kept his firearm in his hand, pointed downwards, on the side of his hip, and he eventually retreated to his bedroom and locked himself inside his room. Brother M phoned 911 to report that A pulled a firearm and pointed it at him. When the police arrived at the residence they spoke to both brothers separately and also their teenaged niece who had been visiting with them and who saw the altercation. After conversing with the niece, the police determined that there was no basis to take M to jail or to charge him criminally with any offense, given that the niece advised that A did not point the weapon at M or threaten him with it. Additionally, the police confirmed that A has a concealed weapons permit. M was furious that the police did not arrest A for what M believed was a crime that had been committed against him. In the presence of the police M said, "this aint over! You all are going to have to come here again!" The police left and Brother A went to work later that night for his shift, without incident. The next morning, on October 17,2020, A finished his shift and he arrived home at approximately 8:00 AM. Once inside the apartment, A noticed that the lights were on in M's room but he did not see M when he passed M's room to go into his bedroom. A took a shower and while he was inside the bathroom he brought his gun into the bathroom. Apparently, A was afraid of what M may do, since A believed that M was still upset about their altercation the night before. Brother A slept for approximately two hours that morning. When he awoke, he decided to walk to a nearby supermarket to purchase some snacks. While he walked to the store A had his gun on him at all times because he did not know whether he would see M. Once inside the store, A was about to pay for his items, when all of a sudden the convenience store door opened and M entered the store. Once inside the store, M asks A, "so you got it on you now?", referring to A having his firearm on his person. M is apparently standing in "an incredible hulk stance" while asking A this question. A, in fear of what may happen next, pulled out his gun from his holster and he lowered his gun on the side of his body (A never points it at M). Unfazed by this, M still approaches A and he grabs A and holds him in a very tight bear hug, lifting A up in the air. While holding A, M tells A that, "I will hurt you! You're always so happy-go-lucky to pull your gun out on someone! You're lucky that we're family! When M finally released A, he told A "I got something for you when you come outside! Bring yo bitch ass outside!" Brother A responded to M by saying, "man, you tripping. I don't have any issues with you!" M subsequently walked out of the store and he was out of sight. Although M did not brandish a weapon or indicate to A that he was armed with a weapon, A believed that M would likely harm him and that he may have to defend himself by shooting M. A thought about phoning the police but he did not have his cell phone on him at the time (it was charging inside his bedroom). A waited for a few minutes before he exited the store. While A was walking home, he was looking over his shoulders to lookout for M. A walked home without incident. Once inside the apartment, A walked upstairs to his room and he immediately grabbed his phone with the intent of walking back downstairs. As A attempts to walk down the stairs M is standing at the bottom of the stairs, blocking the stairway. A has his gun inside his holster, on his person. From the bottom of the stairs, M pulls out a gun from his waistband and he pointed it at A and waived it at him. M says to A, "I keep mines on me!", in reference to him also having a firearm. At this point, A retrieved his gun from its holster and he pointed his gun at M. From the top of the stairs, A took a few steps backwards, into the hallway, so that he was no longer in M's line of sight, from where M was standing at the bottom of the stairway. From the hallway, A could hear a door downstairs close and he assumed that M left the apartment. Brother A waited for approximately one minute while in the hallway and then he proceeded to go downstairs with the intent to go outside and phone the police. When A opened the front door he immediately notices that M is right outside, sitting on a bicycle, about to get off the bike, once they make eye contact with each other. A is on the porch and M is on the grass that is connected to the front porch, which is approximately 1- 3 yards from A. When A notices M, A pulls his gun out. When M notices A, he too begins to pull his gun out. Both men begin shooting at one another. A believes that he may have fired the first shot at M because he was in fear that M would shoot him, after he noticed that M was retrieving his gun. M hit the ground and he fled inside the apt. A ran in the opposite direction of M, and he collapsed onto the sidewalk. When it is all said and done, A was shot one time in his shin. M was shot a total of four times, twice in the flank and twice in the arm. When the police arrived on the scene, they first made contact with M. When asked what occurred, M advised that "it was a drive-by shooting! I don't know who shot!" When the police made contact with A, he advised that, "M, my brother shot me!". M was subsequently arrested and charged with one count of attempted felony murder with a firearm and one count of Possession of a Firearm by a Convicted Felon. Questions: Was M's arrest and subsequent charges justified? Why or why not? what are the best affirmative defenses available to M? And why