Hawaii does not have a Stand Your Ground law. Instead, the state follows a duty to retreat doctrine when it comes to self-defense outside of one’s home.
Here’s a comprehensive overview of Hawaii’s self-defense laws:
Castle Doctrine
Hawaii has adopted a version of the Castle Doctrine, which allows the use of reasonable force, including deadly force, to protect oneself in their home without the duty to retreat.
According to Hawaii Revised Statutes 703-304, a person has the right to use deadly force if they believe it is immediately necessary to protect themselves against death, serious bodily injury, kidnapping, rape, or forcible sodomy.
Duty to Retreat
Unlike states with Stand Your Ground laws, Hawaii imposes a duty to retreat before using deadly force in self-defense when outside the home.
This means that if a person can safely avoid using lethal violence by retreating or stepping away from a confrontation, they are legally obligated to do so.
Limitations on Self-Defense
Hawaii law places several restrictions on the use of force in self-defense:
- Force cannot be used to resist an arrest, even if unlawful, when the person knows it’s being made by a law enforcement officer.
- Force is not justifiable to resist a property owner or someone acting on their behalf who is trying to protect their property (with some exceptions).
- If a person purposely provoked the use of force against themselves with the intention to cause injury or death to their aggressor, self-defense is not justified.
- If the necessity of force can be avoided by retreating to complete safety or by complying with a demand, the use of force is not justified (with exceptions).
Proposed Changes
There have been efforts to introduce Stand Your Ground legislation in Hawaii. In 2024, House Bill 86 was introduced but did not receive a committee hearing.
The bill aimed to establish that law-abiding citizens have a fundamental right to be safe in their homes and would have removed the duty to retreat in the face of deadly force, provided the person was not the initial aggressor.
Comparison to Other States
Hawaii’s self-defense laws are more restrictive compared to the 38 states that have adopted Stand Your Ground laws.
These states allow individuals to use deadly force in self-defense in public spaces without the duty to retreat, as long as they are in a place where they have a legal right to be.
Conclusion
Hawaii’s current self-defense laws emphasize the duty to retreat when outside the home, prioritizing conflict avoidance over confrontation. While the Castle Doctrine provides some protections within one’s home, the state has not adopted the broader Stand Your Ground principles seen in many other U.S. states. As debates continue, it remains to be seen whether Hawaii will modify its stance on self-defense laws in the future.
Source
- https://www.davidserenolaw.com/knowing-your-rights-self-defense-laws-in-hawaii/
- https://www.mrcolionnoir.com/lack-of-stand-your-ground-rights-under-scrutiny-in-hawaii/
- https://legiscan.com/HI/text/HB795/id/2888073/Hawaii-2024-HB795-Introduced.html
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-hawaii/