Hawaii does not have a stand-your-ground law and instead requires a duty to retreat before using deadly force in public self-defense situations.
Current Legal Framework
Under Hawaii Revised Statutes § 703-304, a person may use force, including deadly force, when they reasonably believe it’s immediately necessary to protect themselves against unlawful force. However, such force is not justified if the person knows they can retreat with complete safety to themselves and others.
This duty to retreat applies outside the home or occupied vehicle, distinguishing Hawaii from the 38 states with stand-your-ground provisions that eliminate retreat requirements.
Castle doctrine protections exist for homes and vehicles, allowing deadly force without retreat if an intruder unlawfully enters.
Recent Legislative Efforts
House Republicans proposed a stand-your-ground bill in January 2025, aiming to remove the retreat duty amid calls from farmers, ranchers, and after incidents like the 2024 Waiʻanae shooting where self-defense claims gained traction.
Similar measures, including SB1607 and SB3039, have been introduced but failed to pass in prior sessions, with no enactment by 2026.
Democrat-dominated legislatures have consistently rejected changes, prioritizing de-escalation amid Hawaii’s low violent crime rates.
Key Differences from Stand-Your-Ground States
In stand-your-ground jurisdictions like Florida, lawful occupants can “stand their ground” without retreating if they reasonably fear death or great bodily harm. Hawaii courts scrutinize retreat opportunities, potentially weakening self-defense claims if safer withdrawal was feasible.
Prosecutors must prove beyond reasonable doubt that retreat was possible and the force excessive.
| Feature | Hawaii Law | Stand-Your-Ground States |
|---|---|---|
| Public Retreat Duty | Required if safe | None |
| Home/Vehicle | No retreat needed | No retreat needed |
| Presumption of Fear | None | Often presumed |
| Civil Immunity | Limited | Broad for justified acts |
| 2026 Status | Unchanged | N/A |
Practical Implications
Defendants must demonstrate they subjectively and objectively couldn’t safely retreat—video evidence or witnesses prove pivotal. Farmers facing poachers advocate reform, citing rural isolation where retreat isn’t viable. Urban Honolulu cases emphasize de-escalation.
Consult Hawaii attorneys for case-specific advice; ongoing SCOTUS reviews of state gun laws may indirectly influence future interpretations.
Hawaii’s retreat-focused approach prioritizes avoidance over confrontation in public spaces.
SOURCES :
- https://www.civilbeat.org/2025/01/house-gop-wants-a-stand-your-ground-law-for-hawai%CA%BBi/
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-hawaii/
