Over-penetration and shoot or don't shoot are all part of the dynamics of use of lethal force. Though, I wouldn't suggest 7.62 fmj's, you cannot substitute frangible ammo for any good quality pistol round and sound judgment. In other words if frangible were the liability free answer to over-penetration or casualties from errant rounds then every SWAT, SRT, etc... would have magazines loaded with them for every warrant served in an apartment complex. I've worked with a lot of them and they don't. Matter of fact, most of what I see now are M4 type weapons loaded with 64gr soft point (LEO Ammo) and either .45acp or .40SW. You just have to calculate what's around and use sound judgment.
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