Stand Your Ground Law in Nebraska

Nebraska does not have a stand-your-ground law, a legal principle that allows people to use deadly force without retreating if they feel threatened. Instead, the state follows traditional self-defense laws that require individuals to retreat from dangerous situations—unless they are at home or work and retreating is not a safe option.

How Nebraska’s Self-Defense Laws Work

Duty to Retreat

Nebraska law imposes a duty to retreat in public spaces, meaning individuals must try to avoid conflict if they can do so safely before resorting to force. This requirement does not apply in a person’s home or workplace, where the “castle doctrine” allows them to use reasonable force to protect themselves without needing to retreat.

Justifiable Use of Force

State law, outlined in Nebraska Revised Statutes sections 28-1406 to 28-1416, permits the use of force when someone reasonably believes it is immediately necessary to protect themselves or others from unlawful harm. The key here is “reasonable belief,” which means the person’s perception of the threat must align with the facts of the situation.

Deadly Force

Deadly force can only be used under specific conditions: when someone believes it is necessary to prevent imminent death, serious injury, kidnapping, or sexual assault. Even then, deadly force is a last resort; all safe alternatives, including retreat, must have been exhausted.

Proportionality

The level of force used must match the threat. For instance, responding with lethal force to a minor altercation would typically not be justifiable under Nebraska law.

Castle Doctrine

The castle doctrine offers an exception to the duty to retreat. In one’s home or workplace, Nebraska law allows individuals to defend themselves without retreating, as long as the force used is reasonable under the circumstances.

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A Push for Change?

Nebraska lawmakers have been discussing potential changes to the state’s self-defense laws. A recent proposal, LB 1269, seeks to expand the justifications for self-defense outside the home, effectively bringing Nebraska closer to a stand-your-ground framework.

Supporters argue the bill would empower individuals to protect themselves in dangerous situations. Critics, however, warn that such changes could lead to more violence and create confusion about what is legally considered self-defense.

What’s Next?

For now, Nebraska maintains its traditional self-defense laws that emphasize retreating when possible. However, the ongoing debate around LB 1269 signals that the state’s approach could evolve. If passed, the law would fundamentally change how self-defense is understood and applied, raising questions about the balance between personal safety and public accountability.

As the discussion unfolds, Nebraskans will be watching closely to see whether the state continues to prioritize retreat or moves toward a more expansive view of self-defense.

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