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stand your ground laws

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bennysdad:
Nebraska has "duty to retreat" law. Should Nebraska move towards stand your ground laws. Does Nebraska have self-defense laws on the books that are similar to stand your ground laws? What is your opinion and/or what is fact?

"Many states have enacted so-called stand your ground laws that remove the duty to retreat before using force in self-defense. Florida passed the first such law in 2005, generally allowing people to stand their ground instead of retreating if they reasonably believe doing so will "prevent death or great bodily harm."

Other states followed with laws specifically affirming one's right to defend themselves, even outside of their homes and with deadly force if necessary. The wording of each state's laws will vary, but typically require you to have the right to be at a location. State self-defense laws may also overlap, but generally fall into three general categories:

Stand Your Ground: No duty to retreat from the situation before resorting to deadly force; not limited to your property (home, office, etc.).

Castle Doctrine: Limited to real property, such as your home, yard, or private office; no duty to retreat (use of deadly force against intruders is legal in most situations); some states, like Missouri and Ohio, even include personal vehicles.

Duty to Retreat: Must retreat from the situation if you feel threatened (use of deadly force is considered a last resort); may not use deadly force if you are safely inside your home.
Here are the states that have passed stand your ground laws:

Alabama
Alaska
Arizona
Florida
Georgia
Indiana
Kansas
Kentucky
Louisiana
Michigan
Mississippi
Montana
Nevada
New Hampshire
North Carolina
Oklahoma
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
West Virginia

Note: Some states have adopted stand your ground-like doctrines through judicial interpretation of their self-defense laws -- but they are not included on this list.

Some states have self-defense laws on the books that are similar to stand your ground laws, often with at least one key difference. These laws generally apply only to the home or other real property (such as an office) and are often referred to as "castle doctrine" or "defense of habitation" laws. Most U.S. states have castle doctrine laws, including California, Illinois, Iowa, Oregon, and Washington.

Duty to Retreat States

On the other end of the legal spectrum, some states have laws imposing 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 harm or death (by running away, for example). If that is not an option, say if you were cornered or pinned down and facing serious harm or death, then you would be authorized to use deadly force in self defense. The following states impose some form of duty to retreat before using deadly self defense:

Arkansas
Connecticut
Delaware
Hawaii
Iowa
Maine
Maryland
Massachusetts
Missouri
Minnesota
Nebraska
New Jersey
New York
North Dakota
Ohio
Rhode Island
Wisconsin
Wyoming

Note: Some states with castle doctrine laws also include a limited duty to retreat (like if simply going into your house and locking the doors is sufficient for self-defense).
New laws on self-defense crop up all the time. The statutes vary widely from state to state and may have minor, but crucial differences in their language and application. For an in depth understanding of self defense laws and how they work in your state, consider contacting a local criminal law attorney."


link: http://criminal.findlaw.com/criminal-law-basics/states-that-have-stand-your-ground-laws.html

Stand you ground states image attached.

Mali:

--- Quote from: bennysdad on July 31, 2015, 08:39:00 AM ---Nebraska has "duty to retreat" law. Should Nebraska move towards stand your ground laws. Does Nebraska have self-defense laws on the books that are similar to stand your ground laws? What is your opinion and/or what is fact?

Duty to Retreat: Must retreat from the situation if you feel threatened (use of deadly force is considered a last resort); may not use deadly force if you are safely inside your home.
--- End quote ---
Sorry, but there is no requirement for me to retreat from a situation in my home.  I have the legal right to "stand my ground" and protect me and any in my house legally from an intruder with the level of force I deem necessary. I have heard the "Duty to Retreat" claptrap for a long time, but it is just not true.  I cannot quote you the actual law but I do know it is law as it is covered in the Concealed Carry classes and is on the CC test as well.
If I remember we are also not required to retreat in public, but have the right to use force if it is in defense of ourselves or others.

I have no doubt we will have others post here shortly that will be able to quote the laws.

bennysdad:

--- Quote from: Mali on July 31, 2015, 10:00:10 AM ---Sorry, but there is no requirement for me to retreat from a situation in my home.  I have the legal right to "stand my ground" and protect me and any in my house legally from an intruder with the level of force I deem necessary.
--- End quote ---

My concealed handgun permit instructor stated that if someone illegally enters my house, it is my obligation to retreat to a back bedroom (someplace safe) and call 911. He also stated that I do not have the right to confront the aggressor unless they come into my safe area and I feel that they will cause great bodily harm or death to me or the people with me.

I understand the right to "stand my ground". I had a Florida Concealed Carry License for 10 years. My understanding of Nebraska law, is that we have a duty to retreat, not stand your ground.

My understanding of Nebraska law is that we have a duty to retreat, if we can, in public, unless we are cornered, have no way to retreat further and then deadly force could be used if we feel that our life is in danger or great bodily harm could occur. Also to avoid all confrontations if possible.

barmandr:
Your instructor was absolutely wrong.  You have no duty to retreat whatsoever in your home.  You must still be presented with a bona fide threat before you can use deadly force though.  Someone simply breaking into your home does not automatically justify the use of deadly force.  As far as the duty to retreat in public, your escape must be 100% safe to be considered under the duty to retreat.  If it is not, you aren't required to leave.   

AAllen:
First, the folks talking about retreating in the home are correct, in Nebraska there is no duty to retreat in your home if you are under threat of sever bodily harm, death, rape or being kidnapped.  That is based upon your belief (in the written law) but the courts have added a reasonable man test to this and is another subject for discussion. the complete law is Chapter 28 section 1409, http://nebraskalegislature.gov/laws/statutes.php?statute=28-1409 .  I would recommend attending Chris Zeeb's class on legal aspects of lethal force (you apparently had an instructor that does not understand Nebraska Law and is using a course written for another state), it goes into much more detail than what can be expressed in forum posts with references to actual Nebraska Case Law.

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