Yeah, kick it away, stand next to it, maybe put your foot on top of it to secure it if there are other people milling around, but never pick it up, not even to clear it unless the danger is extreme and imminent.

Knowing the condition of the gun (loaded, not loaded, one in the pipe, slide locked etc) contributes heavily to the prosecution, and picking it up contaminates evidence and could get you shot.

That being said, if the guy breaks free and is coming for the gun, pick it up and blat him in the head.