Nebraska does not currently have a stand-your-ground law. Instead, its self-defense laws require an individual to retreat if safely possible before using deadly force outside their home or workplace. This means that, except when you are in your own dwelling, place of work, or vehicle, you have a legal duty to retreat rather than immediately resorting to force.
What Nebraska Law Says
Duty to Retreat: Nebraska Revised Statutes specify that a person must retreat to avoid using deadly force, if it can be done with complete safety, before resorting to such force.
Exception – Castle Doctrine: There is no duty to retreat when attacked in your home or workplace, unless you were the initial aggressor or you attack someone in their workplace knowingly.
This principle also extends to defending others; protective force for others carries the same retreat requirements.
Proposed Changes and Debate
In early 2024, a bill (LB1269) was proposed in the Nebraska Legislature seeking to expand the right to use deadly force without retreating, effectively creating a stand-your-ground law. If passed, it would allow individuals to use deadly force in self-defense in public places and vehicles without the duty to retreat, providing broader criminal and civil immunity for such acts.
Proponents claim the current duty to retreat forces victims to make split-second, unrealistic decisions and may penalize people acting in self-defense.
Opponents, including prosecutors, defense attorneys, and advocacy groups, warn the change could increase violence, complicate prosecution, and create racial disparities in enforcement and justifications for deadly force.
As of July 2025, the bill has not been enacted, so Nebraska remains a duty-to-retreat state with strong castle doctrine protections.
Nebraska Versus Stand-Your-Ground States
| Feature | Nebraska | Stand-Your-Ground States |
|---|---|---|
| Duty to Retreat | Yes, except in home/workplace/vehicle | No duty to retreat in most or all places |
| Castle Doctrine | Yes | Usually yes |
| Use of Deadly Force | Justified if no safe retreat possible | Justified even if retreat possible |
| Self-Defense Coverage | Self and defense of others | Self and defense of others |
Takeaway for Nebraska Residents
You must retreat safely before using deadly force if you are outside your home or workplace.
You may stand your ground and use force without retreating only at your residence or place of work.
The law may change if proposed legislation passes, so staying informed is crucial.
Additional Context
The distinction between stand your ground laws and duty to retreat laws shapes how self-defense claims are evaluated and has significant implications for public safety, legal outcomes, and civil rights. Nebraska continues to adhere to the traditional duty to retreat model while debating potential legislative changes.
Nebraska’s current legal framework requires individuals to retreat if safely possible before using deadly force, except inside their home or workplace, and does not have a stand-your-ground law at this time.
Sources
[1] https://www.criminaldefensene.com/can-i-use-deadly-force-to-defend-myself-in-nebraska/
[2] https://giffords.org/lawcenter/state-laws/stand-your-ground-in-nebraska/
[3] https://en.wikipedia.org/wiki/Stand-your-ground_law
[4] https://update.legislature.ne.gov/?p=35459
[5] https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/
