The Division already has a number of better gameplay or game design mechanics over Destiny.
-Voice/prox chat
-An arena that mixes PvP and PvE
-Classes/skill trees that do more to complement each other (not having a healing/healer class or skill tree in Destiny is huge, IMO)
-It doesn't seem to have any bullshit-horrible engram/RNG mechanic, like Destiny had/has (I know patches/TTK fixed a lot of this, but it was awful in the beginning)
The Division doesn't try to hide being an RPG, while Destiny pretends it's something "new" and ignores tried and true ideas that would have worked far better than their own solutions.
I'll give you the voice/prox chat but the DZ mixed arena is complete opinion (which had its own problems, tipping people off to our intentions). The rogue mechanic was very hit or miss for me. I'd prefer three options, PvE, PvP, and DZ. Sometimes we were in the DZ and just wanted to fight each other but the ramifications of failing when going rogue are too high if you just want to have a fun firefight with buddies.
The classes; I had way more fun with Destiny classes/supers than I did with The Division. And yet to be seen on RNG; The Division could end up having horrible drop rates as well. Just because Destiny hid them under an engram mechanic doesn't change the root problem.
They play like totally different games, so opinions. Shouldn't really be compared except for how they handle the MMO-like aspect of social aspects and the end game grind/experience.
Oh okay so if I accidentally shot someone and then quickly stopped, I too would be safe from going rogue? Good to know as I can be trigger happy with someone just popping up on my screen.
A sniper round or a grenade will do enough damage to make you go rogue. But you can put a couple assault rifle or pistol rounds into someone without going rogue. People baited others into going rogue by shooting them with a pistol to trick them.