Nebraska’s Self-Defense Laws
Nebraska has not enacted a stand-your-ground law.
Nebraska’s self-defense laws are codified at Neb. Rev. Stat.
secs. 28-1406 to 28-1416.
A key self-defense statute is Neb. Rev. Stat. sec. 28-1409,
which includes:
• A justification for the use of force when
a person believes: (1) it is “immediately
necessary” to protect himself, herself, or others
against the use of unlawful force by the other
person on the present occasion; (2) he or she
has been unlawfully dispossessed of his or her
property and is making a justified reentry or
attempt to recapture the property; and (3) that
force is necessary to protect himself, herself, or
others against death or serious bodily harm.
• A justification for the use of deadly force when
the actor believes that deadly force is necessary
to protect himself, herself, or others against
death, serious bodily harm, kidnapping, or
sexual assault.
• A duty to retreat if the actor can avoid the
necessity of using deadly force.
• Codifying the castle doctrine by specifically
providing that the actor is not required to
retreat from his or her dwelling or place of
work.
Via the passage of Laws 2012, LB 804, in addition to
criminal actions, the justification defenses prescribed in
Neb. Rev. Stat. secs. 28-1406 to 28-1416 are available in civil
actions for assault and battery and intentional wrongful
death. If justification for the use of force is found, financial
recovery is barred in the civil action.
Other states’ self-defense laws
Self-defense laws throughout the country are as varied
as the states themselves. In addition to the 27 states that
have enacted some form of stand-your-ground legislation,
another seven states have adopted stand-your-ground
policies via case law, jury instructions, or other means.
Stand-your-ground laws in three states limit the law’s
application to only when a person is in his or her home or
vehicle.
Like Nebraska, several states have codified or follow the
castle doctrine and require a duty to retreat in public
settings. Vermont and Washington D.C. require citizens to
retreat from assailants even within their homes.
If you have additional questions or would like more detailed
information regarding stand-your-ground laws, please feel
free to contact the Legislative Research Office.
@nhbbear here's more about the law too