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If you have high Inland Empire and do the right decisions and buy the right items along the way, you can craft a molotov, which you use instead of the gun. Even if you have the gun and ammo in the other hand. Now that's police brutality.
As for dodging the second shot, I'm pretty sure you can't. I passed the check (You can see what you roll by mousing over it in the dialogue box) and still took a shot to the leg.
If you do enough work for the union boss, he gives you the location and time you can expect to find the person who has your gun; supposedly he helps arrange that, so that person probably won't be there if he doesn't give you this tip. At least one of the ways of resolving this ends up with you getting your gun back, with a single bullet.
Depending on what happened with Ruby, you may be able to take her gun. There's at least one resolution where that isn't possible, AFAICT.