Hawaii does not have a stand your ground law. The state explicitly imposes a duty to retreat before using deadly force in self-defense outside the home. Under Hawaii’s current self-defense laws:
Duty to Retreat
- A person must attempt to retreat safely before using deadly force if possible.
- The duty to retreat does not apply when in one’s dwelling or place of work, unless the person was the initial aggressor.
Use of Force in Self-Defense
- Force is justifiable when a person believes it is immediately necessary for self-protection.
- Deadly force is not justified if the actor provoked the use of force or can safely avoid using it by retreating, surrendering property, or complying with a demand.
Recent Developments
As of February 2025, there are ongoing discussions and proposed legislation regarding stand your ground laws in Hawaii:
- A bill called the “Cranston Duke Pia Act” was introduced in the 2025 legislative session to allow the use of deadly force without retreating on agricultural land in certain circumstances.
- The House Republican caucus has advocated for a stand your ground measure to remove the duty to retreat requirement.
- These proposals have gained attention following high-profile incidents, including a fatal shooting in Wai’anae in August 2024.
Comparison to Other States
- At least 26 states have enacted stand your ground laws that eliminate the duty to retreat in public spaces.
- Hawaii remains one of the states that maintains a duty to retreat before using deadly force outside the home.
The debate over stand your ground laws in Hawaii reflects broader national discussions about self-defense rights, public safety, and the balance between protecting individual liberties and preserving life.
Sources
- https://en.wikipedia.org/wiki/Stand-your-ground_law
- https://www.davidserenolaw.com/knowing-your-rights-self-defense-laws-in-hawaii/
- https://data.capitol.hawaii.gov/sessions/session2025/bills/SB1248_.pdf
- https://www.mrcolionnoir.com/lack-of-stand-your-ground-rights-under-scrutiny-in-hawaii/
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-hawaii/
