Nebraska stands apart from many states by not adopting a stand-your-ground law, which permits individuals to use deadly force without the obligation to retreat when threatened. Instead, the state adheres to a self-defense framework rooted in the common law principle of the duty to retreat, with exceptions under the castle doctrine.
Nebraska’s Self-Defense Framework
Duty to Retreat
Nebraska law requires individuals to retreat if safe to do so before resorting to deadly force in public spaces. This obligation does not apply within a person’s home or workplace, where the castle doctrine allows for the use of reasonable force without the need to retreat.
Justifiable Use of Force
State statutes (Nebraska Revised Statutes 28-1406 to 28-1416) provide for the use of force when an individual reasonably believes it is immediately necessary to protect themselves or others from unlawful force. The justification must be based on a reasonable perception of the circumstances.
Deadly Force and Proportionality
Deadly force is permitted only when necessary to prevent imminent death, serious bodily harm, kidnapping, or sexual assault. Importantly, this force must be proportional to the threat, and all other options, including retreat, must have been exhausted unless the incident occurs in a place where the castle doctrine applies.
Castle Doctrine
While the duty to retreat applies in public, Nebraska’s castle doctrine grants individuals the right to defend themselves without retreating when within their home or workplace. This principle reinforces the notion that these spaces are sanctuaries where individuals have heightened rights to self-protection.
Legislative Debate on Expanding Self-Defense Rights
Recently, a proposed bill, LB 1269, sought to expand self-defense justifications outside the home, sparking significant debate. Proponents of the bill argue it would provide individuals with clearer rights to protect themselves in dangerous situations, while critics warn of potential increases in violence and legal ambiguity.
Future Implications
Nebraska’s approach to self-defense highlights a commitment to balancing individual rights with public safety. However, ongoing legislative discussions may shape the future of these laws, potentially bringing Nebraska closer in line with states that have adopted stand-your-ground provisions.
For now, Nebraska’s self-defense laws remain distinct, with a focus on retreating when safe to do so and limiting the use of deadly force to situations where no alternatives exist.