Hawaii does not have a “Stand Your Ground” law. Instead, the state follows a “duty to retreat” principle in its self-defense laws, with some exceptions. This approach differs from many other states that have adopted Stand Your Ground laws in recent years.
Hawaii’s Self-Defense Law
Hawaii’s self-defense law is codified in Hawaii Revised Statutes § 703-304. The law allows the use of force, including deadly force, for self-protection under certain circumstances.
Key Points of Hawaii’s Self-Defense Law:
- Justifiable Use of Force: The use of force is justifiable when a person believes it is immediately necessary to protect themselves against unlawful force by another person.
- Deadly Force: The use of deadly force is justifiable if the person believes it is necessary to protect themselves against death, serious bodily injury, kidnapping, rape, or forcible sodomy.
- Duty to Retreat: Unlike Stand Your Ground states, Hawaii imposes a duty to retreat before using deadly force if it can be done with complete safety.
- Exceptions to Duty to Retreat: There is no duty to retreat when in one’s home or workplace (known as the Castle Doctrine).
Comparison to Stand Your Ground Laws
Stand Your Ground laws, adopted by many states, remove the duty to retreat before using deadly force in self-defense situations, even when retreat is possible3. As of 2025, 38 states have some form of Stand Your Ground law.
Hawaii’s Approach vs. Stand Your Ground:
- Retreat Requirement: Hawaii requires individuals to retreat if they can do so safely before using deadly force, while Stand Your Ground states do not.
- Location Considerations: Hawaii’s law distinguishes between public spaces and one’s home or workplace, while Stand Your Ground laws typically apply regardless of location.
- Legal Burden: In Hawaii, the burden is on the defendant to prove they could not safely retreat, while Stand Your Ground laws often shift this burden to the prosecution.
Current Debate in Hawaii
There is ongoing discussion about whether Hawaii should adopt a Stand Your Ground law:
- Proposed Legislation: In early 2025, House Republicans introduced a bill to remove the duty to retreat requirement.
- Arguments For: Supporters argue it would provide better protection for self-defense and deter criminal victimization.
- Arguments Against: Critics contend that Stand Your Ground laws may encourage violence and lead to increased homicides.
- Public Safety Concerns: Law enforcement and some legal experts express concerns about potential misuse and increased violence.
Conclusion
Hawaii’s self-defense law strikes a balance between allowing the use of force for protection and encouraging de-escalation through its duty to retreat requirement.
As debates continue, any changes to this law would likely have significant implications for public safety and individual rights in the state.
Sources:
- [1] https://law.justia.com/codes/hawaii/title-37/chapter-703/section-703-304/
- [2] https://www.davidserenolaw.com/knowing-your-rights-self-defense-laws-in-hawaii/
- [3] https://en.wikipedia.org/wiki/Stand-your-ground_law
- [4] https://www.pbs.org/video/111424-hawaiis-self-defense-law-5qhtxd/
- [5] https://giffords.org/lawcenter/state-laws/stand-your-ground-in-hawaii/
