Nebraska's use of force laws governing self-defense and the use of deadly force are codified primarily in Neb. Rev. Stat. §§ 28-1409 through 28-1414....
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Nebraska's use of force laws governing self-defense and the use of deadly force are codified primarily in Neb. Rev. Stat. §§ 28-1409 through 28-1414. These statutes define when the use of force - including deadly force - is legally justified for concealed carry permit holders and all persons in the state.
Nebraska law authorizes the use of force when a person believes that such force is immediately necessary to protect themselves against the use of unlawful force by another person on the present occasion.
"To successfully assert the claim of self-defense, a defendant must have a reasonable and good faith belief in the necessity of using force and the force used in defense must be immediately necessary and justified under the circumstances." - State v. Faust, 265 Neb. 845 (2003)
A defendant's use of deadly force in self-defense is justified if a reasonable ground existed for the defendant's belief that they were threatened with death or serious bodily harm, even if the defendant was actually mistaken about the extent of the danger. (State v. Miller, 281 Neb. 343, 2011)
Deadly force is only justified when the actor believes such force is necessary to protect against:
Nebraska requires a duty to retreat before using deadly force when the actor knows they can do so with complete safety. Nebraska does not have a "Stand Your Ground" (Shoot First) law.
The duty to retreat does not apply in these locations:
"When one is attacked within one's dwelling, the right to defend oneself and the privilege of nonretreat should apply equally, regardless of whether the attacker is a cohabitant or an unlawful entrant." - State v. White, 20 Neb. App. 116 (2012)
Important: A defendant who could have safely retreated but did not is not entitled to a self-defense instruction. (State v. Kuntzelman, 215 Neb. 115, 1983)
Except where retreat or other avoidance is required, a person employing protective force may estimate the necessity under the circumstances as they believe them to be when the force is used, without:
This means the standard is subjective-objective: the actor's belief must be both genuinely held and reasonable under the circumstances.
Force is not justified to resist an arrest the actor knows is being made by a peace officer, even if the arrest is unlawful (§ 28-1409(2)).
Force is not justified to resist force used by a property occupier/possessor acting under a claim of right to protect property, except when:
If the actor provoked the confrontation with the intent to then cause death or serious bodily injury, self-defense is barred - but only if the provocation and deadly force occur in the same encounter (§ 28-1409(4)(a)). (State v. Butler, 10 Neb. App. 537, 2001)
The justification for self-defense extends to using confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as they know they can safely do so, unless the confined person has been arrested on a charge of crime.
Nebraska law permits the use of force to protect another person when the actor believes such force is immediately necessary to protect the other person. The same limitations that apply to self-defense - including the duty to retreat and restrictions on deadly force - generally apply to defense of others.
Force may be used to protect property, but deadly force is not justified solely to protect property. Deadly force in a property-related situation is only justified if the actor reasonably believes it is necessary to protect against death or serious bodily harm to themselves or another person.
Nebraska bars police use of deadly force unless necessary to prevent serious bodily injury and does not make an exception for felony suspects fleeing arrest.
If the use of deadly force is found not justified:
| Case | Year | Holding |
|---|---|---|
| State v. Miller | 2011 | Deadly force justified if reasonable grounds existed for belief of threat, even if mistaken |
| State v. Faust | 2003 | Self-defense requires reasonable/good faith belief, immediate necessity, and justification |
| State v. White | 2012 | No duty to retreat in dwelling applies equally regardless of attacker's identity |
| State v. Butler | 2001 | Provocation must be in same encounter with intent to cause death/serious harm |
| State v. Kuntzelman | 1983 | No self-defense instruction when safe retreat was available |
| State v. Graham | 1990 | Defendant entitled to self-defense instruction if any evidence supports it |
| State v. Bedford | 2022 | Defendant entitled to self-defense instruction even in domestic assault cases |
| State v. Owens | 1999 | Self-defense applies to threatening behavior of specific person, not generalized group |
This summary is for informational purposes only and does not constitute legal advice. Consult a qualified Nebraska attorney for guidance on specific situations. Laws are subject to change - verify current statutes at nebraskalegislature.gov.
This page covers one part of our Nebraska concealed carry guide.
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