Nebraska's Self-Defense

Today, we're diving into Nebraska's self-defense laws—a crucial topic for anyone residing in or visiting the Cornhusker State. Knowing when and how you can legally defend yourself, others, and your property is essential for responsible citizenship and personal safety. Let's break down these laws in a straightforward and practical manner.​

1. Legal Framework: Nebraska Revised Statutes

Nebraska's self-defense laws are primarily outlined in the Nebraska Revised Statutes, particularly sections 28-1406 to 28-1416. These statutes define the conditions under which force, including deadly force, is justifiable in self-defense, defense of others, and defense of one's residence. ​Nebraska Legislature

2. Justifiable Use of Force: Nebraska Revised Statute § 28-1409

Under Nebraska law, the use of force is justified when an individual believes it is immediately necessary to protect themselves against the unlawful force of another. However, this belief must be both reasonable and made in good faith. The statute emphasizes that the force used must be immediately necessary and justified under the circumstances. ​Crate Club, LLC

3. Use of Deadly Force

Deadly force is a significant legal matter and is only justifiable under specific circumstances in Nebraska:​

  • Imminent Threat: The individual must reasonably believe that such force is necessary to protect themselves against death or serious bodily harm.​Nebraska Legislature

  • Provocation: Deadly force is not justifiable if the individual, with the purpose of causing death or serious bodily harm, provoked the use of force against themselves in the same encounter.​ Nebraska Legislature

  • Duty to Retreat: An individual is not justified in using deadly force if they know that they can avoid the necessity of using such force with complete safety by retreating. ​Nebraska Legislature

4. Duty to Retreat vs. Stand Your Ground

Nebraska does not have a "stand your ground" law. This means that, outside of one's home or workplace, there is a legal duty to retreat before resorting to deadly force, provided it can be done with complete safety. However, within one's home or workplace, the "castle doctrine" applies, eliminating the duty to retreat. ​GIFFORDSWikipedia

5. Castle Doctrine: Defense of Home and Workplace

Nebraska's "castle doctrine" allows individuals to use force, including deadly force, to defend their home or workplace against an intruder. If someone unlawfully enters your residence or place of employment, you are not required to retreat and may use force to protect yourself or others. However, the use of force must still be reasonable and proportionate to the threat faced. ​

6. Defense of Others

Nebraska law permits the use of force to defend another person if you reasonably believe that the individual is in imminent danger of unlawful force, death, or serious bodily harm. The force used must be immediately necessary and proportionate to the threat faced. ​Nebraska Legislature

7. Defense of Property

While Nebraska law allows for the use of force to defend property, the use of deadly force solely to protect property is generally not justified. Deadly force may only be used when there is a reasonable belief that such force is necessary to prevent imminent death or serious bodily harm. ​Nebraska Legislature

8. Legal Consequences of Unjustified Use of Force

Even in self-defense situations, using excessive or unnecessary force can lead to criminal charges, including:​

  • Manslaughter: If force is used recklessly or negligently, even with an intent to defend, it can result in manslaughter charges.​

  • Murder: Unjustified use of deadly force can lead to murder charges.​

  • Assault: Using force beyond what is necessary can result in assault charges.​

It's essential to ensure that any force used is proportional and necessary to the threat faced. ​

9. Civil Liability and Immunity

Even if your actions are deemed legally justified in a criminal court, you may still face civil lawsuits from the injured party or their family. Nebraska law provides certain immunities in civil cases for individuals who justifiably use force in self-defense. However, these cases can be complex, and outcomes may vary based on specific circumstances. Consulting with a legal professional is advisable to understand your rights and potential liabilities. ​

10. Firearms and Self-Defense

Nebraska has specific laws governing the possession and use of firearms:​Wikipedia

  • Constitutional Carry: As of April 25, 2023, Nebraska allows permitless concealed carry for individuals who may lawfully own a gun. This means no permit is needed for open or concealed carry, and local ordinances against open carry are preempted. ​Wikipedia

  • Use of Firearms in Self-Defense: The same self-defense principles apply when using a firearm—there must be an immediate and reasonable threat of death or serious bodily harm. Unjustified use of a firearm can lead to criminal charges, including manslaughter or murder.​

If you plan on carrying a firearm for self-defense, it's crucial to understand Nebraska’s gun laws and ensure you comply with all regulations.​

11. Recent Legislative Considerations

Nebraska lawmakers have considered expanding self-defense laws to include "stand your ground" provisions, which would remove the duty to retreat in public spaces. As of now, such legislation has not been enacted, and the duty to retreat remains in place outside of one's home or workplace. Staying informed about potential legal changes is crucial for responsible self-defense.

Final Thoughts: Stay Informed, Stay Prepared

Understanding Nebraska’s self-defense laws is essential for anyone who carries a firearm or wants to ensure they are legally protected in a self-defense situation. While the state allows for the justified use of force in certain circumstances, the duty to retreat still applies in most public settings. The key takeaways are:

✔ You must reasonably believe force is necessary to prevent harm.
✔ Deadly force is only justified if there is an imminent threat of death or serious injury.
✔ The "castle doctrine" protects your right to defend your home or workplace.
✔ You have a duty to retreat in public if it is safe to do so.
✔ Using force improperly can lead to criminal charges and civil lawsuits.

Self-defense situations unfold quickly, and decisions made in the heat of the moment carry significant legal consequences. The best way to protect yourself—both physically and legally—is to train regularly, understand the law, and consult with an attorney if you're ever involved in a use-of-force incident.

If you're looking for professional self-defense training, concealed carry education, reach out to us at Princeps Consulting Group.

Stay safe, stay informed, and be prepared.

— Chris "Mac" MacAuley
Princeps Consulting Group