Kalihi, I have to say that I agree with Flapp. Most, if not all, self-defense professional instructors all agree that firing a warning shot towards an attacker is extremely bad advice. You need to have justification for pulling out a firearm and potentially using it beforehand. If you did not intend to utilize deadly force to protect yourself (or others) in the first place, then the firearm should not have been brought out or used. You are also fully accountable for any projectile leaving the firearm whether it be unintended injury or damage.
You may not be able to assert as a defense the provisions of §703-304, Use of force in self-protection in the Hawaii Revised Statutes, unless you “believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by the other person on the present occasion [emphasis mine].”
If this occurred at your place of residence, you are correct that you have no duty to retreat, unless you were the initial aggressor. Based on the anti-2A attitude in this state if you fired a warning shot, you would still be initially arrested by the police, held for investigation up to 48 hours in the cellblock, likely charged and also indicted for Attempted Assault in the First or Second Degree §705-500 and §707-710 or §707-711, Reckless Endangering in the Second Degree §707-714 and possibly other firearm offenses. If so, then at least 10% of the bail amount, which is non-refundable, would have to be put up to release you from custody.
While you could eventually prevail in court, defending yourself would cost you many more thousands of dollars to defend, hours and hours of legal consultation and preparation, countless sleepless nights, not to mention that if you lose the case you could be facing years in prison, being away from family, and probable job/career loss. Then would come the appeals and more money, time, and sleepless nights. Civil suits, which has a lower standard of culpability, could also be following close behind.
Better to act within the confines of the law. Using force against another, including deadly force, must be reasonable, proportional, and of course justifiable.
If you disagree, that is your prerogative. Just ask any prosecutor or defense attorney for their opinion. I’m sure the picture they paint won’t be much better.