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Here's a break down on the Castle Doctrine.
"Most states, including Hawaii, have adopted laws based on the Castle Doctrine, which permits the use of reasonable force, including deadly force, in order to protect one’s own life or another’s life when at home, or in their “castle,” without being liable to prosecution. The Castle Doctrine concept was established as English common law by 17th century jurist Sir Edward Coke who was known for the saying, “A man’s house is his castle — et domus sua cuique est tutissimum refugium (and where shall a man be safe if it be not in his own house?)”
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If you use the castle law you will still be arrested until a determination is made that it was indeed self defense. If the police and prosecutor don't make that determination, it will be up to a jury to decide. The family of the person who tried to murder you can sue you in civil court regardless of the outcome.
I don't remember where I saw the citation, but Hawaii's castle law conflicts with another law on the books and the interpretation is that the police are actually required to arrest you, though in the citation it didn't specify exactly what that meant. Put the cuffs on, read Miranda rights and then let you go? Or put you in a prison cell until you see a judge? I don't know. But if you use the castle law, get an attorney.
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Never use Hawaii's Castle Law - it is very weak. It is much easier to use the old classic "I feared for my safety". The perp threatened me and then made an aggressive move so I defended myself. Works for LE everyday!
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Hawaii Castle Doctrine:
http://www.capitol.hawaii.gov/hrscurrent...3-0304.HTM
No duty to retreat in your own home.
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First on this thread the squatters moved into an abandoned house next door.
Then the thieves broke into our homes.
Finally, the jacked up, drug addled burglars attacked our wives (and/or husbands) children and pets, threatening them with bodily harm.
I would ask, what is the first choice for crooks in Hawaii when they break into a home? Don't they seem to prefer to pick a house clean when no one is home? What would be most effective in that case, a camera or a gun? In fact, if you have a gun and the bandits find it when you're not home, your gun will be one of the first items they would steal. And you have now personally armed them for subsequent B&E's.
How often do we hear of Hawaiian thieves barging into a home and threatening a family when it's not some kind of personal vendetta? From watching and reading the news, I would say it's about as often as we have shark attacks. Wouldn't you?
If that's the case, and the risk being somewhat equal between 1) your family menaced by robbers and 2) your family attacked by sharks while swimming, how many Punaweb readers would now consider arming themselves with a knife the next time you swim at Kehena or Richardsons, just to be on the safe side? It might make you feel better, but in either case, statistically you're extremely unlikely to need a gun on land or a knife in the water, given the total number of homes that are not broken into, and the total number of swimmers never attacked by sharks.
Four people are in a room and seven leave. How many have to enter again before it's empty?
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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Never use Hawaii's Castle Law - it is very weak. It is much easier to use the old classic "I feared for my safety". The perp threatened me and then made an aggressive move so I defended myself. Works for LE everyday!
Thanks, Kapoho Joe. Very good observation.
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A lady in the back of Kopua Farm Lots was recently accosted at her gate, and forced to let the robbers into her property, where they held her against her will until they could load up all her high value items.
We don't all live in HPP with neighbors nearby.
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A lady in the back of Kopua Farm Lots was recently... held her against her will
Yes, I think we can all agree this happens.
The question is, how often does it happen?
Another question in this situation, if she owned a gun would she have had it holstered on her person at the gate?
Four people are in a room and seven leave. How many have to enter again before it's empty?
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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"Another question in this situation, if she owned a gun would she have had it holstered on her person at the gate?"
I'm not aware of a single instance where a concealed carry permit application in Hawaii was approved, and it's illegal to carry a weapon for self protection outside your property. Transport is only "allowed" for the purpose of lawful firing of the weapon, such as hunting with a permit or target practice, and other legitimate uses. And as I understand it, with a hand gun you are required to notify the police of the transport beforehand. Unless of course you're a criminal, then you just ignore the law and carry your stolen guns anywhere you choose, and use them against people who aren't "allowed" to have the weapons criminals are allowed to have. (I say they are allowed to have them, because there seems to be so little effort currently being taken to resolve the seemingly out-of-control escalation in property thefts and violence). It seems gun control enforcement is primarily aimed at law abiding citizens and restricting our ability to defend ourselves.
The ironic thing is that most firearm deaths are suicides, and there is no data that I've seen that would indicate the person wouldn't have still died if no firearm was available. i.e. maybe they would have taken pills instead.
ETA: content
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How often have we been reading of criminals with guns, especially in Puna,lately? This seems to be a disturbing trend here.
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