Nebraska does not have a stand-your-ground law, which is a legal framework allowing individuals to use deadly force without the duty to retreat when they feel threatened.
Instead, Nebraska’s self-defense laws impose a duty to retreat outside of one’s home or workplace, unless it is not safe to do so. This approach is rooted in the common law principle of self-defense, which allows for the use of force under specific circumstances.
Key Elements of Nebraska’s Self-Defense Laws
Duty to Retreat:
Nebraska law requires individuals to retreat if they can do so safely before resorting to deadly force. This duty applies in public spaces but does not extend to one’s home or workplace, where the castle doctrine applies, allowing for the use of reasonable force without retreating.
Justifiable Use of Force:
Under Nebraska Revised Statutes sections 28-1406 to 28-1416, individuals may use force when they believe it is immediately necessary to protect themselves or others from unlawful force. The belief must be reasonable and based on the current situation.
Deadly Force:
The use of deadly force is permissible only when an individual believes it is necessary to prevent imminent death or serious bodily harm, kidnapping, or sexual assault. However, this justification requires that all other options, including retreat, have been exhausted.
Proportionality:
The amount of force used must be proportional to the perceived threat. For example, responding with lethal force to a non-lethal threat would generally not be considered justifiable.
Castle Doctrine:
While there is a duty to retreat in public spaces, Nebraska law recognizes the castle doctrine, which allows individuals to defend themselves without retreating when they are in their home or place of work.
Recent Legislative Developments
There has been discussion regarding potential changes to Nebraska’s self-defense laws. A bill introduced (LB 1269) aimed at broadening self-defense justifications outside the home has sparked debate among lawmakers and advocacy groups.
Critics argue that such changes could lead to increased violence and ambiguity in legal standards for self-defense.
In summary, while Nebraska maintains a traditional self-defense framework with a duty to retreat outside of one’s home, ongoing legislative discussions suggest potential shifts that could impact how self-defense is interpreted and applied in the state.
Sources:
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-nebraska/
- https://defendingomaha.com/blog/what-are-the-rules-on-self-defense-in-nebraska/
- https://nebraskalegislature.gov/pdf/reports/research/snapshot_defense_2019.pdf