Nebraska lacks a formal “Stand Your Ground” law as of 2026, requiring individuals to retreat safely when possible before using deadly force in public self-defense scenarios.
Instead, the state follows a duty-to-retreat principle under Nebraska Revised Statutes § 28-1409, with stronger “castle doctrine” protections applying inside homes or vehicles.
Duty to Retreat Rule
Nebraska law mandates retreat if you can do so “with complete safety” before resorting to deadly force anywhere you’re lawfully present, except in your home or occupied vehicle.
Force must be reasonable and proportional to an imminent threat of death or serious injury to yourself or others. Failure to retreat when feasible can undermine a self-defense claim in court.
Castle Doctrine Protections
No retreat is required if an intruder unlawfully enters your home, workplace, or occupied vehicle—presuming reasonable fear of harm allows deadly force against them. This applies statewide without needing prior threats or warnings, but you can’t be the initial aggressor.
Key Scenarios Comparison
| Location | Retreat Required? | Deadly Force Allowed? |
|---|---|---|
| Public (e.g., street) | Yes, if safe | Only after retreat fails |
| Home/Vehicle | No | Yes, if intruder threatens |
| Workplace | No | Yes, proportional to threat |
| As aggressor | N/A | Generally no |
Failed Legislative Efforts
Bills like LB 1269 (2024) sought to eliminate the duty to retreat in public and vehicles, adding civil immunity for justified force, but stalled amid opposition over racial disparities and prosecutorial concerns. The 2026 session shows no passage, preserving current rules.
Practical Guidance
Document threats and your attempts to retreat in public incidents to bolster defenses; consult attorneys post-event, as outcomes hinge on specifics like witness accounts.
Racial equity critiques note higher justification rates for white shooters in similar states, urging caution.
SOURCES :
- https://www.thenation.com/article/politics/nebraska-stand-your-ground-law/
- https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/
