Derringer pistol laws are, for the most part, the same laws that apply to any other handgun in the United States: federal eligibility rules, a background check through a licensed dealer, state concealed-carry requirements, and the interstate transport rules under the Firearm Owners’ Protection Act. A few wrinkles are specific to Derringers, mostly involving smoothbore models, imported pocket pistols, and state material-quality statutes. One quick note before the law: a “Dillinger pistol” is almost always a misspelling. John Dillinger carried Thompsons and 1911s, not pocket pistols. The gun people mean is the Derringer, a category of small, concealable handguns dating to the 1820s.
Who Cannot Legally Own One
Before anything else, federal law bars several categories of people from possessing any firearm or ammunition, a Derringer included. The prohibited categories under 18 U.S.C. § 922 are:1Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
- Anyone convicted of a crime punishable by more than one year in prison.
- Anyone with an active warrant or fleeing prosecution.
- Anyone who is an unlawful user of, or addicted to, a controlled substance.
- Anyone found mentally defective by a court or committed to a mental institution.
- Anyone subject to a qualifying domestic restraining order or convicted of a misdemeanor crime of domestic violence.
- Anyone discharged from the military under dishonorable conditions.
- Anyone who has renounced U.S. citizenship.
- Anyone unlawfully present in the United States or admitted on a nonimmigrant visa, with narrow exceptions.
Possession while in any of these categories is a federal felony. Roughly 90 percent of federal firearms-possession charges in fiscal year 2024 involved someone with a prior felony conviction.2United States Sentencing Commission. Section 922(g) Firearms
Buying a Derringer From a Dealer
The standard purchase runs through a business holding a Federal Firearms License. You fill out ATF Form 4473, and the dealer runs your information through the FBI’s National Instant Criminal Background Check System (NICS), either electronically or by phone.3Federal Bureau of Investigation. Firearms Checks (NICS) The FBI does not charge a fee for the NICS check itself. What dealers call a “background check fee” or “transfer fee” is their own service charge, and it typically falls between about $10 and $50, though amounts outside that range are not unusual. Some states also run their own background-check systems with separate processing fees.
About a quarter of states impose a mandatory waiting period between purchase and physical possession, ranging from one day to as long as 30 days depending on the state.4RAND Corporation. The Effects of Waiting Periods Once any applicable waiting period expires and the check clears, the dealer transfers the firearm to you.
Private Sales
Two unlicensed individuals living in the same state can generally buy and sell firearms between themselves without a federal background check. The Gun Control Act imposes no federal recordkeeping requirement on those transactions, though many states have added their own rules, including mandatory background checks for private handgun sales.
Interstate private sales are different. If buyer and seller live in different states, federal law requires the firearm to be shipped to a licensed dealer in the buyer’s state, where the buyer completes Form 4473 and the NICS check. Narrow exceptions exist for temporary loans at shooting events and for firearms inherited under a will or state succession laws.
One detail catches people off guard: federal law allows an 18-to-20-year-old to acquire a handgun from an unlicensed private seller within their own state, even though a licensed dealer cannot sell a handgun to anyone under 21.
Straw Purchases
Buying a firearm on behalf of someone who cannot pass a background check is a federal crime. Under a law enacted as part of the Bipartisan Safer Communities Act of 2022, a straw purchase carries up to 15 years in prison, rising to 25 years if the firearm is used in a felony, an act of terrorism, or drug trafficking.5Office of the Law Revision Counsel. 18 USC 932 – Straw Purchasing of Firearms
When a Derringer Becomes an NFA “Any Other Weapon”
A standard Derringer with rifled barrels is regulated as an ordinary handgun. It does not fall under the National Firearms Act’s more restrictive categories. The trap is the NFA’s “Any Other Weapon” (AOW) classification, which covers concealable firearms designed to look like something else and also covers any pistol or revolver with a smooth bore rather than a rifled bore.6Office of the Law Revision Counsel. 26 U.S. Code 5845 – Definitions7Bureau of Alcohol, Tobacco, Firearms and Explosives. Chapter 2 – What Are Firearms Under the NFA
This matters for the .410 shotshell Derringers on the market. If the barrels are rifled, the pistol stays out of AOW territory. If the barrels are smooth, the ATF treats it as an AOW regardless of appearance. Possessing an unregistered NFA firearm of any type is punishable by up to ten years in prison and a fine of up to $10,000.8Office of the Law Revision Counsel. 26 USC 5871 – Penalties Registration requires paying a federal tax, submitting an application to the ATF, and passing an additional background check before taking possession.
State-Level Restrictions
A handful of states have laws targeting cheap, poorly constructed handguns, sometimes called “Saturday Night Specials.” These statutes typically prohibit the sale of handguns with frames made from zinc alloy or other metals that melt below a set temperature. Thresholds vary: some states set the floor at 800°F, at least one uses 1,000°F. Only about five states currently enforce this type of restriction. A well-built modern Derringer from a reputable manufacturer clears these material-quality standards without difficulty.
A few states also maintain approved rosters. Manufacturers must submit each model for safety testing, which can include drop tests and firing-pin safety checks, before it can be sold to the general public in that state. A Derringer model that has not been submitted and approved cannot legally be sold to consumers there, even if it meets every federal requirement.
Concealed Carry
Derringers are almost always carried concealed, so concealed-carry law is where most owners actually run into legal risk. More than half of states now allow residents to carry a concealed handgun without a permit, a trend that has accelerated since 2010. The remaining states require a permit or license, typically involving a background check, a training course, and an application fee that runs from around $40 to several hundred dollars depending on the state. Carrying concealed without a required permit can bring misdemeanor or felony charges depending on the jurisdiction and the circumstances.
Traveling Between States
State firearms laws vary enough that a Derringer you legally carry at home may be illegal across a state line. The Firearm Owners’ Protection Act (FOPA) provides a limited safe harbor for interstate transport. If you are legally allowed to possess the firearm at both your origin and destination, federal law protects you during the journey so long as the firearm is unloaded and stored where it is not readily accessible from the passenger compartment. In a vehicle without a trunk, the firearm must be in a locked container that is not the glove compartment or center console.9Office of the Law Revision Counsel. 18 USC 926A – Interstate Transportation of Firearms
FOPA protects you while traveling through a state, not while stopping in one. Check into a hotel, visit a friend, or otherwise pause the trip, and local law can apply. Travelers have been arrested in restrictive jurisdictions despite claiming FOPA protection because they made an overnight stop or kept ammunition accessible. Verify the laws of every state along the route before leaving.
Ammunition Rules
Federal law bans the manufacture, importation, and dealer sale of armor-piercing handgun ammunition. A round qualifies as armor-piercing if its core is constructed entirely from metals like tungsten alloy, steel, iron, brass, bronze, beryllium copper, or depleted uranium. Full-metal-jacket projectiles larger than .22 caliber designed for handgun use also qualify if the jacket accounts for more than 25 percent of the projectile’s weight.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
Standard lead-core ammunition in the calibers commonly chambered in Derringers, including .38 Special, .357 Magnum, .45 Colt, and 9mm, is not affected. Rounds designed exclusively for rifle use are exempt even if they have armor-piercing characteristics, because the statute targets handgun ammunition. The Attorney General can also exempt projectiles determined to be primarily intended for sporting purposes.
A Note on Imported Derringers
You may notice that most Derringers in American gun shops are U.S.-made. That is by design. The Gun Control Act allows the importation of handguns only if they are “particularly suitable for or readily adaptable to sporting purposes.”11Office of the Law Revision Counsel. 18 USC 925 – Exceptions: Relief From Disabilities The ATF enforces this through a points-based test on Form 5330.5. Imported pistols must be at least six inches in overall length and score a minimum of 75 points; imported revolvers need a barrel of at least three inches and must score at least 45 points.12Bureau of Alcohol, Tobacco, Firearms and Explosives. Import Firearms, Ammunition, and Defense Articles Small pocket pistols rarely clear the threshold. Domestically manufactured Derringers are not subject to this test, which is why the U.S. market for them is dominated by American brands.