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Given that most of the houses in CA are basically drywall and wood frame and the likelihood that you will miss at least one shot in an exchange (barring all the ninja crackshots etc) or even going through the target what are the risks of a bullet (yours) hitting a neighbor?
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The
likelihood that a
miss from a handgun would
go into a neighbor's house is probably pretty high, depending on the layout of your neighborhood. It would be higher with higher powered handguns such as .357 and 10MM magnums. The likelihood that a bullet
going through your target would do so would be lower if you use hollow points.
The likelihood that your shot would hit a third party is obviously much lower. I haven't been able to quantify it for my situation.
I have retired a 9MM semi-auto that functions well only with ball ammunition due to the risk you have mentioned. I now use a .38 Special (not +P) with hollow points.
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What is the legal situ in this case?
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As I understand it the shooter would be liable for civil damages.
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Also, let's say you fired the first shot and then the intruder fired back and HIS bullet hit a neighbour, would you be on the hook for starting the firing and he could say it was self-defense? (yes, I know, but this is America where someone sued because the coffee they were served was too hot....)
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No--not self defense on his part unless you were the criminal aggressor--but I'm not entirely sure about whether you are protected against civil damages.
In some states you would be shielded against civil suits for wrongful death or injury from the
intruder and his family if you fired in self defense, but not in all places. Know your state laws.
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Would a shotgun not be a better home defense choice? I can't think of anything more intimidating to a burglar than the noise of a pump-action being readied for action.
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A lot of people (including a policeman I know) do recommend shotguns for home defense. On a recent episode of Personal Defense TV they showed the effects of bird shot, buck, shot, and slugs on wall board and exterior walls.
The shotgun is fine if the break in occurs when you can get to it, but if it's in an upstairs bedroom and you are in the kitchen... I's probably easier to make sure you always have access to a handgun than a shotgun.
This is not the opinion of an instructor or equivalent--just my considered thoughts.