HB534: The Right to Self Defense

In the last hearing, the wording of the bill was changed (due to overwhelming testimony) to provide the people of Hawaii a clear Right to Self Defense.  AS SUCH WE NEW SUPPORT THIS BILL

For too long, Hawaii law-abiding citizens have been the victims of violent criminals. Laws seem to favor criminal actors over the rights of victims. Requiring them to surrender their property and/or run away rather than defend their home, business or property. 

This Right to Self Defense bill now provides for law-abiding citizens to use force to protect themselves, their families, and loved ones from harm. 

The bill reads,

“the use of force upon or toward another person is justifiable when the actor believes that this force is immediately necessary to defend oneself, one’s property, or another person against the use of unlawful force by the other person on the present occasion.” 

“a person employing protective force may estimate the necessity thereof under the circumstances the actor believes to be occurring when the force is used without retreating, surrendering possession, doing any other act which the actor has no legal duty to do, or abstaining from any lawful action.”

“An actor who uses force, including deadly force, as justified and permitted under subsections (1) and (2) is immune from criminal prosecution and civil action for the use of the force, unless the force was determined to be unlawful.”

These changes to the law would allow a victim to use enough force against a person, who is committing a crime against them, to stop. It would also ensure that this person does not face criminal or civil legal action should the force be justified.