HELENA - A group of states seeking freedom from federal gun laws were dealt a blow Wednesday when a federal magistrate recommended dismissal of a lawsuit launched by gun rights advocates who argue Congress has overstepped its bounds with gun control.

The magistrate sided with the U.S. Department of Justice, which says courts have already decided that Congress can set standards on such items as guns through its power to regulate interstate commerce. The recommendation now goes to the federal judge in Missoula hearing the case - and even gun rights advocates recognized it is likely he will side with the magistrate.

The issue was launched last year with "firearm freedoms act" laws backed by gun advocates in Montana and led to a lawsuit filed by gun advocates with the backing of Montana, Utah, Alabama, Idaho, South Carolina, South Dakota, Wyoming and West Virginia.

The states argue they should decide which rules, if any, would control the sale and purchase of guns and paraphernalia made inside their borders. They say the 10th Amendment of the U.S. Constitution assures that the federal government only has those powers that are specifically given to it by the U.S. Constitution.

Federal magistrate Jeremiah Lynch beat back that argument in his recommendation dated Tuesday.