Hawaii’s approach to self-defense and the use of deadly force is distinct from the “stand your ground” laws found in many other U.S. states. Here’s a detailed look at what the law currently says, recent legislative developments, and what it means for residents.
Current Law: Duty to Retreat and the Castle Doctrine
Hawaii does not have a stand your ground law. Instead, Hawaii follows the traditional “duty to retreat” principle. This means that if a person is threatened, they must attempt to avoid the danger by retreating—if they can do so with complete safety—before resorting to the use of deadly force.
However, Hawaii does recognize the castle doctrine. Under this doctrine, a person has no duty to retreat when threatened in their own home (“dwelling”) or, in some cases, their place of work. The law allows individuals to use deadly force to protect themselves against death, serious bodily injury, kidnapping, rape, or forcible sodomy if they are in their dwelling or on their property, unless they were the initial aggressor.
“An actor who uses deadly force…shall not have a duty to retreat…if the actor using deadly force is in the actor’s dwelling or on the actor’s property, unless the actor was the initial aggressor.”
Recent Legislative Developments
2025 Legislative Session:
Several bills have been introduced to clarify or expand self-defense rights in Hawaii:
- HB851 (2025): This bill seeks to clarify that a person who uses deadly force in self-defense does not have a duty to retreat if they are in their dwelling or on their property, unless they are the initial aggressor. It also proposes repealing language that previously allowed deadly force at a person’s place of work, narrowing the law’s scope to homes and personal property.
- SB1607 (2025): This bill aims to expand the definition of “dwelling” to include agricultural land used as a residence or lodging, and to define “place of work” to include agricultural land. The intent is to extend protections for farmers and ranchers facing intruders on their property.
- HB291 (2025): Another bill introduced by the House Minority Caucus seeks to remove the duty to retreat and clarify when deadly force is justified, reflecting ongoing debates about whether Hawaii should adopt a true stand your ground law.
Despite these efforts, as of April 2025, Hawaii remains a duty-to-retreat state except within the home or, in certain cases, on one’s property.
How Hawaii Compares to Other States
| State Type | Duty to Retreat? | Stand Your Ground? | Castle Doctrine? |
|---|---|---|---|
| Hawaii (current law) | Yes (except home/property) | No | Yes |
| Most U.S. states | No | Yes | Yes |
| Other duty-to-retreat states | Yes | No | Yes |
In most states with stand your ground laws, there is no duty to retreat anywhere a person is lawfully present. Hawaii, by contrast, only removes the duty to retreat in the home or on property, and not in public places.
Political and Social Context
Calls to adopt a full stand your ground law in Hawaii have increased, especially following high-profile violent incidents and concerns from farmers and ranchers about property crime. However, such proposals have not yet passed, and the Democratic-majority legislature has historically been cautious about expanding self-defense laws.
Key Takeaways
- Hawaii does not have a stand your ground law. Residents generally have a duty to retreat before using deadly force, unless they are in their home or on their property.
- Castle doctrine applies: No duty to retreat in your dwelling or on your property, unless you are the initial aggressor.
- Legislative changes are under consideration, but as of April 2025, no full stand your ground law has been enacted.
- Use of deadly force is only justified to prevent death, serious bodily injury, kidnapping, rape, or forcible sodomy.
Hawaii’s self-defense laws remain more restrictive than those in most other states, emphasizing retreat and de-escalation except in the sanctuary of one’s home or property.
SOURCES:-
[1] https://data.capitol.hawaii.gov/sessions/session2025/bills/SB1607_.HTM
[2] https://data.capitol.hawaii.gov/sessions/session2025/Bills/HB851_.pdf
[3] https://data.capitol.hawaii.gov/sessions/session2025/Bills/HB851_.HTM
[4] https://en.wikipedia.org/wiki/Stand-your-ground_law
[5] https://legiscan.com/HI/text/HB851/id/3070245/Hawaii-2025-HB851-Introduced.html
