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Originally Posted by blume357
How can my giving my wife money to go and buy me a gun (which I can legally own) and then her coming home and giving it to me be a straw purchase in most states?
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Change your question to be worded like this: "How can my giving my wife
MY money to go and buy me a gun"
Now it is a straw purchase. The legality of the person who ends up with the gun to purchase or possess firearms has no bearing on whether a straw purchase occurs or not. If a person uses someone else's money to purchase a gun with the intention of giving that gun back to the person whose money it was purchased with - a straw purchase has occured. Straw purchase is a Federal law, not a matter of state laws.
Now, in my case, in the past I have used money from a joint checking account, which both my wife and I have access to, and purchased a handgun from an FFL and immediately gave her that gun (which she picked out), without performing a straw purchase, even though she was not able to buy that same handgun herself from the that FFL. Why?
1. The money was just as much mine as hers. Joint checking account, joint ability to use the money however we wanted to. I received no specific compensation from her for either the gun itself or for the act of purchasing it.
2. She was not prohibited from possessing the handgun. And that would have no bearing on straw purchasing anyway. IF she was prohibited - then I would be guilty of providing a firearm to a prohibited person - completely separate and apart from a straw purchase.
3. The reason she could not purchase the same gun from the FFL is because she had an out-of-state driver's license. I purchased the handgun using my active duty ID card and copy of my orders to that state.
This is almost exactly the same situation with the OP - provided that the wife used funds that she would have had access to anyway for other uses.