10-03-2009, 04:32 AM
I don't believe it is currently correct that you have to rretreat from your home, as was previously stated.
From HRS 702-306 (http://www.capitol.hawaii.gov/hrscurrent...3-0306.htm):
Pua`a
S. FL
Big Islander to be.
From HRS 702-306 (http://www.capitol.hawaii.gov/hrscurrent...3-0306.htm):
quote:
Deadly force is ordinarily not permitted. It may be used if the assailant is attempting to dispossess the actor of the actor's dwelling otherwise than under a claim of right. This recognizes an important tradition in the common law which places a high value on the sanctity of the home and recognizes that a person will take extraordinary means to preserve it. Deadly force may also be used to prevent felonious property damage, burglary, robbery, or felonious theft, if: (1) the person against whom the force is used has employed or threatened deadly force against or in the presence of the actor, or (2) use of force short of deadly force would expose the actor or another person in the actor's presence to the danger of serious bodily injury. Both of these cases are covered, in any event, by the self-defense provisions of ยงยง703-304, 305, but it seems wise to spell them out here in light of the general prohibition on use of deadly force.
Pua`a
S. FL
Big Islander to be.
Pua`a
S. FL
Big Islander to be.
S. FL
Big Islander to be.