Have you been drinking?
There are many problems with this scenario. The first and most disturbing being that you would not only be carrying an unloaded gun but that you would pull it on someone and then voluntarily surrender it.
The fact you know that the firearm the bad guy has is unloaded will ultimately cause you problems when you are attempting to justify the use of deadly force.
My thoughts exactly. God help you if a hostile DA gets ahold of this.