Here is the full video from the FBI of the shooting. Go to the 9 minute mark (might want to zoom in). He jumps out of the SUV immediately after going into the snowbank and definitely had his hands up. A fed hidden behind the trees came from behind him and established the kill shot.
He definitely had his hand going for his waistband. He was reaching across his body at his waist with his right arm. That's when they shot him. His hands were not up.
FBI releases video footage of LaVoy Finicum shooting
His right hand had been at his waist for a full second before they shot him. He reaches at 08.00, tugs at his waist at 09.00 and is shot at about 9.5.
That shoot was clean.