Nebraska currently has what’s known as “Castle Doctrine” on the books in it’s self-defense laws, with the duty to retreat except in your home or dwelling.
Legislative Bill 1269 has been introduced to change this and move to “Stand Your Ground” law.
What Is a Stand Your Ground Law?
Sometimes called “shoot first” laws, they remove the duty to retreat and permit the use of deadly force in self-defense, although the scope of these laws varies from state to state. In 2005, Florida became the first state to pass a “stand your ground” law. Then, in 2012, Florida’s law came into contention when George Zimmerman shot and killed Trayvon Martin. Zimmerman faced criminal charges but was ultimately found not guilty under Florida’s “stand your ground” laws.
Some states have self-defense laws that are similar to “stand your ground” laws, but there is one key difference. Self-defense laws remove any duty to retreat, these laws only apply to specific locations such as one’s home or place of work. These types of laws are often referred to as “castle doctrine” or defense of habitation laws.
Types of Self-Defense Laws
- Stand Your Ground: No duty to retreat from the situation before resorting to deadly force, not limited to your home, place of work, etc.
- Castle Doctrine: A common law principle where there is no duty to retreat before using lethal force if you are in your home or yard (some states include place of work and occupied vehicle).
- Duty to Retreat: Duty to retreat from a threatening situation and possibly leave it to the law enforcement instead, of you can do so with complete safety.
States With “Stand Your Ground” Laws
It is important to understand that even states that have “stand your ground” laws, still have restrictions when it comes to using force in self-defense. For example, a state may require that the threat of perceived bodily injury is objectively reasonable, and that reasonable force is used in proportion to the threat. “Stand you ground” laws may also require that the person using self-defense be at the location lawfully (no trespassing, for example) and not be the initial aggressor in the altercation.
- Alabama
- Alaska
- Arizona
- Arkansas
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Michigan
- Mississippi
- Missouri
- Montana
- Nevada
- New Hampshire
- North Carolina
- Ohio
- Oklahoma
- Pennsylvania
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- West Virginia
- Wyoming
States That Impose a Duty to Retreat
Some jurisdictions impose a duty to retreat. A duty to retreat generally means that you can’t resort to deadly force in self-defense if you can safely avoid the risk of imminent danger. If that’s not an option due to being cornered, pinned down, or facing great bodily harm, then you may be authorized to use deadly force in self-defense.
- Connecticut
- Delaware
- Hawaii
- Massachusetts
- Maryland
- Maine
- Minnesota
- Nebraska
- New Jersey
- New York
- North Dakota
- Rhode Island
- Wisconsin
It is important to note that, even in duty to retreat states, there’s no duty to retreat from an intruder in your home.
States That Adhere to Some Version of the Castle Doctrine
- California
- Colorado
- Illinois
- New Mexico
- Oklahoma
- Oregan
- Virginia
- Washington
Important to Note
This is not a legal document and knowing your state laws is mandatory.
Be Safe Out There
