Really Old Glitch?

River

Wanted Pirate
So I have noticed this ever since the day Disney had updated the original cut scenes.
Jolly Roger's gun arm in the current version of TLOPO is never pointed at the player during your first encounter with him when he is making you go overboard.
Is this a really old glitch? Or was it meant to be that way?
Here are screenshots I took of it:

Old Game:
Screenshot (33).png


Current Game:
Screenshot (34).png
 
I can understand why it was done, seeing as how the code of the game doesn't let us shoot Navy or EITC people, but it also takes some of the danger out of the scene. What would be more likely to induce a heart attack? Seeing someone approaching you while brandishing a pistol, or someone holding a pistol point blank against your body?
 
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