Nebraska does not currently have a stand-your-ground law. Instead, the state follows traditional self-defense principles that include a “duty to retreat” in most public situations, with important exceptions and ongoing legislative debate.
Current Law: Duty to Retreat
- No Stand Your Ground Law: Nebraska law requires individuals to retreat from a confrontation in public if it is safe to do so, before using deadly force.
- Castle Doctrine: There is no duty to retreat in your own home or workplace. This is known as the “castle doctrine,” allowing you to use force, including deadly force, if you reasonably believe it is necessary to protect yourself or others from an intruder or immediate threat.
- Reasonable Belief Standard: Deadly force is only justified if you reasonably believe it is necessary to prevent death or serious bodily harm, even if you are mistaken, as long as your belief is reasonable.
Legislative Proposals and Debate
- Recent Proposals: In 2024 and 2025, Nebraska lawmakers considered bills (such as LB1269) to adopt a stand-your-ground law, which would remove the duty to retreat in public places and expand self-defense protections to vehicles and public spaces.
- Status: As of May 2025, these proposals have not been enacted. The duty to retreat remains the law, except in your home or workplace
- Arguments For and Against: Supporters argue stand-your-ground laws protect victims from legal jeopardy when acting in self-defense. Opponents, including prosecutors and public safety advocates, warn such laws can increase violence and complicate criminal prosecutions.
Key Points for Nebraskans
- You must attempt to retreat from a threat in public if you can do so safely.
- You do not have to retreat in your own home or workplace.
- Deadly force is only justified if you reasonably believe it is necessary to prevent imminent death or serious injury.
- Proposed stand-your-ground legislation has not become law as of May 2025.
Nebraska law currently imposes a duty to retreat in public before using deadly force, except in your home or workplace under the castle doctrine. While there have been efforts to pass a stand-your-ground law, none have succeeded yet, and the traditional self-defense framework remains in place.
Sources:
- https://www.criminaldefensene.com/can-i-use-deadly-force-to-defend-myself-in-nebraska/
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-nebraska/
- https://www.thenation.com/article/politics/nebraska-stand-your-ground-law/
- https://en.wikipedia.org/wiki/Stand-your-ground_law