Nebraska’s approach to self-defense and the use of deadly force is distinct from states with explicit “stand your ground” laws. The state’s laws are rooted in the principles of necessity, proportionality, and—most notably—the duty to retreat in most situations. Here’s a detailed guide to how Nebraska law addresses self-defense, the use of force, and the current legislative landscape.
Does Nebraska Have a Stand Your Ground Law?
No, Nebraska does not have a stand-your-ground law. Instead, Nebraska’s self-defense laws, primarily codified in Nebraska Revised Statute Section 28-1409, require individuals to retreat from a confrontation if they can do so safely, before resorting to force—except in their own home or workplace.
Key Elements of Nebraska’s Self-Defense Law
1. Immediate Necessity
- Force is justifiable only if the person reasonably believes it is immediately necessary to protect themselves from unlawful force.
- The threat must be present and imminent; past altercations or perceived future threats do not justify the use of force.
2. Proportional Response
- The force used must be proportionate to the threat. For example, using deadly force in response to a minor push would not be justified.
3. Duty to Retreat
- Nebraska law requires individuals to retreat if they can do so safely before using force, unless they are in their own home or workplace.
- This “duty to retreat” does not apply if you are at home or at work, unless you are the initial aggressor or the attacker also works at your workplace.
- If you can escape a dangerous situation without using force, you are legally required to do so.
4. Home and Workplace Exception (Castle Doctrine)
- Nebraska follows the “castle doctrine,” which allows individuals to use deadly force without retreating when facing an intruder in their home or workplace, provided they reasonably believe there is an immediate threat of death or serious bodily harm.
- This doctrine does not extend to all public spaces or vehicles under current law.
Can You Use Deadly Force Against a Home Intruder?
- Yes, Nebraska law permits the use of deadly force against a home intruder if you reasonably believe it is necessary to protect yourself or others from imminent harm.
Recent Legislative Proposals
Efforts to Establish a Stand Your Ground Law
- In 2024, Senator Brian Hardin introduced LB1269, a bill aiming to expand Nebraska’s self-defense laws to include public places and personal vehicles, and to eliminate the duty to retreat.
- The bill would provide criminal and civil immunity for individuals who use force in self-defense, similar to stand your ground laws in other states.
- Proponents argue this change would empower victims and remove the unrealistic expectation that a person must pause to consider retreating during a crisis.
- Opponents, including prosecutors and advocacy groups, warn that such laws can lead to increased violence and make it harder to prosecute those who misuse self-defense claims.
Current Status
- As of April 2025, Nebraska has not enacted a stand your ground law; the duty to retreat remains in effect except in the home or workplace.
Summary Table: Nebraska Self-Defense Law vs. Stand Your Ground
| Aspect | Nebraska Law (2025) | Stand Your Ground States |
|---|---|---|
| Duty to Retreat | Yes (except home/work) | No |
| Castle Doctrine (home/work) | Yes | Yes |
| Deadly Force in Public | Only if retreat not possible | Yes, if reasonable fear |
| Civil/Criminal Immunity | Limited | Broad |
| Law in Effect | Duty to retreat | No duty to retreat |
Nebraska does not have a stand your ground law. Instead, it imposes a duty to retreat from danger if it is safe to do so, except within your own home or workplace. You may use force—including deadly force—only when it is immediately necessary and proportionate to the threat, and only if you cannot safely escape the situation.
Legislative efforts to expand self-defense rights and remove the duty to retreat are ongoing, but as of now, Nebraska maintains a more traditional, cautious approach to the use of force in self-defense.
SOURCES:-
[1] https://www.criminaldefensene.com/can-i-use-deadly-force-to-defend-myself-in-nebraska/
[2] https://crateclub.com/blogs/loadout/does-nebraska-have-a-self-defense-law-understanding-your-rights-and-responsibilities
[3] https://update.legislature.ne.gov/?p=35459
[4] https://law.justia.com/codes/nebraska/chapter-28/statute-28-1409/
[5] https://www.thenation.com/article/politics/nebraska-stand-your-ground-law/
