Nebraska does not have a Stand Your Ground law, which means that individuals must generally retreat before using deadly force in self-defense, except under specific circumstances.
The state imposes a duty to retreat in most public places but allows for the use of deadly force in certain situations, particularly within the home or workplace.
Key Facts
No Stand Your Ground Law: Nebraska law requires a duty to retreat before using deadly force in self-defense, except in particular situations.
Castle Doctrine: Nebraska follows the “castle doctrine,” meaning no duty to retreat inside your home or workplace when defending against an intruder.
Duty to Retreat Explained
1. Outside the Home
If you are outside your home or workplace, you must retreat if you can safely avoid danger. You are only allowed to use deadly force if retreating is not a safe or viable option. This means that, in most public situations, you must attempt to escape rather than resort to deadly force unless you are in immediate danger of death or serious harm.
2. Inside the Home (Castle Doctrine)
When you are in your own home or, in some cases, your workplace, Nebraska law does not require you to retreat before using force to protect yourself or others. If you believe that using force is necessary to protect yourself or others from an intruder or assailant, you can use force without the duty to retreat.
When Is Deadly Force Justified?
In Nebraska, deadly force may be justified if:
Imminent Threat: You reasonably believe there is an immediate threat of death or serious bodily harm to yourself or others.
Proportional Response: The amount of force you use must be reasonable and proportional to the threat you are facing. Deadly force should only be used if necessary and appropriate for the situation.
Legal Statutes
Nebraska Revised Statute § 28-1409: Addresses the use of force in self-defense, emphasizing that the response must be immediate and reasonable.
Nebraska Revised Statute § 28-1410: Covers the use of force in the protection of others, following similar requirements for immediacy and proportionality.
Recent Legislative Efforts
There have been discussions and proposals in Nebraska to enact a Stand Your Ground law that would eliminate the duty to retreat in public places. However, as of July 2025, these proposals have not been passed, and the duty to retreat remains in effect.
Sources:
1. https://giffords.org/lawcenter/state-laws/stand-your-ground-in-nebraska/
2. https://law.justia.com/codes/nebraska/chapter-28/statute-28-1409/
3. https://update.legislature.ne.gov/?p=35459
