Bill could remove duty to retreat from Hawaii law - KHON2
HONOLULU (KHON2) — Hawaii law currently says victims have to try and get away from their attackers — unless they are at home or work.
It is called duty to retreat, but House Bill 2464 would get rid of it altogether.
“This law would basically put us in with the other 28 states and the district of Puerto Rico,” said Rep. John Mizuno. “All this bill says is that you have the right to defend yourself with equal deadly force against the attacker, as long as you’re not the aggressor.”
Mizuno said a majority of states have adopted “stand your ground” laws to give victims the chance to fight back with equal force as their attacker. Duty to retreat comes first in public areas before any self-defensive actions can legally be taken in Hawaii.
Mizuno warned that retreating comes with its own dangers.
The bill would legally allow victims to fight an attacker with lethal force as long as they feel their life is in danger. Attorney Jeff Portnoy raised some concerns though, like what it means for gun-carrying laws.
“This bill kind of leaves it in the eyes of the beholder; whether they feel threatened enough to shoot and kill somebody,” Portnoy said, “and I think that’s a very dangerous thing to do.”
“You can’t have a self-defense bill without, without allowing people to have a gun on their person 24/7.”
Jeff Portnoy, attorney
Some local residents said they know of situations where this bill could have helped, however.
“Actually, I had a friend in high school that got like sexually assaulted, like out in public at a store,” Honolulu resident Marc Teshima said. “So I think it would help.”
“I usually just talk them down as much as I can, avoid conflict, but if there really is no other option, then of course, got to fight,” Ewa Beach resident Trevyn Maruyama said.
Using force in self-defense is legal in Hawaii if it is not deadly and only after attempting to retreat first. Click here to read HB2464
“I just like the ability to stand my ground and do that legally, to defend myself and my family from someone who’s attacking us with deadly force. That’s all,” Rep. Mizuno said.
“There is self-defense,” Portnoy said. “The question is self-defense with a gun? That’s the big deal.”
The bill passed second reading on Thursday, March 3 and is scheduled for a third on Tuesday, March 8.
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