I'd like to try some of that "buck 'n ball" ammo sometime. Sounds fun.
The call I described would be the ideal situation for C.Y.A. in court. I've heard calls similar to that for training, but never one complete with everything I mentioned.
In response to fleeing the residence, it is a prudent course of action if it is safe to do so. Check your state's laws - California does *not* require you to do so:
"A person may defend his or her home against anyone who attempts to enter in a violent manner intending violence to any person in the home. The amount of force that may be used in resisting such entry is limited to that which would appear necessary to a reasonable person in the same or similar circumstances to resist the violent entry. One is not bound to retreat, even though a retreat might safely be made. One may resist force with force, increasing it in proportion to the intruder’s persistence and violence, if the circumstances apparent to the occupant would cause a reasonable person in the same or similar situation to fear for his or her safety. "
Which is pretty straightforward ... the liberal CA legislature added some whiny equivocation a while back immediately following that passage, but the above quote still stands. Here's the rest:
"The occupant may use a firearm when resisting the intruder’s attempt to commit a forcible and life-threatening crime against anyone in the home provided that a reasonable person in the same or similar situation would believe that (a) the intruder intends to commit a forcible and life-threatening crime; (b) there is imminent danger of such crime being accomplished; and (c) the occupant acts under the belief that use of a firearm is necessary to save himself or herself or another from death or great bodily injury. Murder, mayhem, rape, and robbery are examples of forcible and life-threatening crimes.
Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry had occurred. Great bodily injury means a significant or substantial physical injury. (Penal Code § 198.5.)
NOTE: If the presumption is rebutted by contrary evidence, the occupant may be criminally liable for an unlawful assault or homicide. "
So basically give him a warning and make sure he really does want to hurt you before you do anything. We could get more detailed and talk about how use of a firearm is lawful (in CA anyway) when one has reason to believe that a felony has been committed and is attempting to take said suspected felon into custody, and how burglary is a felony and all, but I'll leave that to the lawyers.
Quotes above are from California Firearms Laws 2004, Pages 30-31, published by California DOJ.
HTML Version by Google of the
PDF. More technical version
here, search Penal Code for 197, click first link, then see Sections 197 and 198.
[edited to fix broken link to findlaw.ca.gov]