Marksmanship aside, in either California or New York this fellow would have had the bolt lock back at 10 rounds - whereupon the perp would have calmly walked up and shot them both.
According to Authoritarian Party presidential candidate Michael Bloomberg: “Well, if it can fire a lot of bullets very quickly, that’s a good definition [for an assault weapon]... And then you can argue what a lot is, okay, let’s say three. If you haven’t hit the deer with three shots, you’re a pretty lousy shot, that deer deserves to get away.”