Yeah defending a home is different from using it to rob a bank. Definitely. It's like yelling fire in a crowded theater is not free speech, that can get people killed as they run out in fear, it's like terrorism. I can't go around waving a fake gun and pointing it at people and then say see it was fake you can't arrest me. I think the number one question in this case to ask is were those rioters threatening the people and their property or not. Doesn't matter if the woman's gun was fake or not. I think it must be entered into evidence at the trial that news reports of looters attacking businesses and killing people were common and the people holding the guns then had a real reason to feel threatened.