Understanding Nebraska’s Stand Your Ground Law

Published On:
Understanding Nebraska's Stand Your Ground Law

Nebraska does not currently have a statutory “stand your ground” law, which means that, in public spaces, individuals have a legal duty to retreat from a threat if they can do so safely before resorting to deadly force in self-defense. The principle behind “stand your ground” laws is that a person has no obligation to retreat from an attacker anywhere they are lawfully present and may use deadly force if they reasonably believe it is necessary to prevent death or serious bodily harm. However, as of 2025, this principle does not apply outside the home in Nebraska.

Instead, Nebraska follows a traditional self-defense framework outside the home, where individuals must attempt to safely retreat before using deadly force, unless retreat is impossible or would put them in greater danger. Inside the home (and in some cases, the workplace or vehicle), Nebraska recognizes the “castle doctrine,” which removes the duty to retreat and allows individuals to use deadly force if they reasonably believe it is necessary to prevent imminent death or serious bodily harm. The castle doctrine is a longstanding legal principle in many states, including Nebraska.

Recent legislative efforts, such as LB1269, have sought to expand self-defense rights in Nebraska by removing the duty to retreat in public places and extending protections to personal vehicles and public areas—effectively bringing the state in line with “stand your ground” laws seen elsewhere. However, as of now, these proposals have not become law. Supporters argue that such changes would provide legal clarity and protection for individuals who use force in self-defense, while opponents express concerns about increased violence and the potential for misuse of deadly force.

Nebraska law currently requires individuals to retreat if possible before using deadly force in public, but not in their homes (where the castle doctrine applies). There is ongoing debate and legislative activity about expanding self-defense rights, but as of 2025, Nebraska has not enacted a statewide “stand your ground” law.

Sources

[1] https://en.wikipedia.org/wiki/Stand-your-ground_law
[2] https://giffords.org/lawcenter/state-laws/stand-your-ground-in-nebraska/
[3] https://update.legislature.ne.gov/?p=35459
[4] https://www.ncsl.org/civil-and-criminal-justice/self-defense-and-stand-your-ground
[5] https://www.thenation.com/article/politics/nebraska-stand-your-ground-law/

Leave a Comment