Deadly force would be allowed as a first resort if a person believes he or she is at risk of death, serious bodily injury, kidnapping or rape should the “stand your ground” bill before Hawaii legislators become law.
Under House Bill 2464, individuals no longer would be required to consider retreat before using deadly force to defend themselves.
“The right to self defense is a basic human right and should have no legal limitations placed on the individual that is in jeopardy,” William Fiebig wrote in testimony supporting the measure.
“An individual can’t be facing a threat feeling like they will be in trouble with the law for protecting their own life to the fullest extent possible using any/all means available to them to stop the threat,” Fiebig wrote.
Like similar laws across the country, the issue of when someone can kill another person when feeling threatened is stirring passions on both sides of the debate in the Legislature.
National debate over stand your ground laws escalated when George Zimmerman was acquitted after shooting 17-year-old Black teenager Trayvon Martin to death in 2012 in Sanford, Fla. Then in 2014, Curtis Reeves — a retired SWAT commander — fatally shot a man who threw popcorn at him in a theater outside Tampa, Fla.
In Hawaii, Chris Marvin wrote in a commentary in the Honolulu Star-Advertiser that, “This bill encourages violence.”
“The self-defense laws currently in place in the state already afford us the right to protect ourselves, including the use of deadly force, if necessary,” Marvin wrote.
HB 2464 is backed by gun lobbyists such as the U.S. Concealed Carry Association and the National Rifle Association of Hawaii, Marvin said. He suspects that much of the support comes from individuals in such groups.
Carolyn Pearl wrote in opposition to HB 2464 that stand your ground laws are also commonly known as “shoot first” laws.
“While these laws speak to individual’s desire for self-protection, they have the effect of increasing the risk of death and making our community more dangerous,” Pearl wrote. Other states with stand your ground laws experience increased homicides, unintentional deaths and nonfatal firearm injuries, Pearl wrote.
In all, 180 people so far have submitted testimony supporting HB 2426; 27 were opposed.
Michael Kitchens, the founder and administrator of the popular Facebook group Stolen Stuff Hawaii, also supports HB 2464.
“Crime is a constant factor in our group and this past year has shown an increase in the amount of violent crime on our streets,” Kitchens wrote in his testimony. “Our citizens deserve and demand to have the freedom to protect themselves and their families when the appropriate need arises.”
Andrew Namiki Roberts, the director of the Hawaii Firearms Coalition, said he believes that the bill would clarify and balance existing self-defense laws.
Under the current law, a bystander may intervene with deadly force when someone is being victimized to the point where they may be in danger of dying, serious bodily injury, kidnapping or rape, Roberts told the Star-Advertiser.
The bystander does not have to first consider whether the victim is able to run away before intervening with deadly force. But victims have to consider fleeing before defending themselves with deadly force.
“So I can use a greater level of force and protection of another person that I can myself under Hawaii’s current laws,” Roberts said.
Under HB 2464, the victim could use deadly force without having to weigh the option of fleeing.
Roberts said he also believes that linking increases in crime to stand your ground laws is unreasonable. More likely, increases in crime are due to the general prevalence of violence in big cities where statistics are taken, Roberts said.
Hawaii law currently does not allow victims adequate rights for self-defense, Roberts said.
“The main thing for us is it’s about putting criminals and victims on an even playing field,” he said. “And by changing the wording and the law, it would allow that to happen.”