This isn't going to be an issue for a few reason: Touch of malice sucks in pvp regardless of its perks. And for this "exploit" to work, you would have to get the melee to proc which would probably be more of a pain in the ass than its worth. And touch of malice only has 11 bullets so you're only going to be able to take advantage until you're back down to 1 shot or you die. I don't think anyone will ever find this to be a problem.