Here we go again.
Self-defense claim allowed in Hawaii under special circumstances
https://www.khon2.com/top-stories/self-defense-claim-allowed-in-hawaii-under-special-circumstances/
HONOLULU (KHON2) — Details on Saturdayʻs shooting in Waianae are still under investigation but what would need to be done to prove the shooting was in self defense?
“In Hawaii, a person is allowed to use proportional amounts of force to defend themselves,” said Victor Bakke, defense attorney. “And what that means is that you cannot bring a gun to a knife fight, is the old saying.”
Bullcrap. The state should have to show evidence that there was a motive other than self defense. Short of that, there's no reason to have to defend a claim of self defense. In court, you don't even have to offer a defense to charges if the prosecutor fails to establish a crime was committed.
The real rule is, you're allowed to use lethal force up to and including a firearm "if the actor believes that deadly force is necessary to protect himself against death, serious bodily injury, kidnapping, rape, or forcible sodomy." Lethal force is not limited to firearms. A knife is lethal force, too, so the "old saying" is just ignorant. You are allowed to use the force you deem necessary to stop that threat. I agree you don't pull a gun on someone wanting to start a fist fight, but any weapon in a hand -- ball bat, tire iron, heavy rock -- can be lethal. People do die from fist fights, too, but those are much less likely. However, if you're down and being relentlessly kicked, or you stop fighting and the other person is intent on causing you as much physical damage as they can, then you may have to escallate to lethal force to save your life regardless of any weapons in their hands.
Reasonable force, not proportional force. Proportional force applies to law enforcement, not victims of violence.
HI law does require you to retreat if possible or surrender whatever the attacker is trying to take from you IF the attacker believes they have a lawful claim to the property -- i.e. you picked up an iPhone you tried to walk away with, and the owner is demanding it back. Can't defend property with lethal force if you don't lawfully own it.
Laws are not based on "old sayings." Victor Bakke needs to stick to the law. But, I'm sure if he did, he'd have a hard time defending criminals who are totally guilty as charged.
This state sucks when it comes to the individual rights of the law abiding gun owners.
https://law.justia.com/codes/hawaii/title-37/chapter-703/section-703-304/