HELENA, Mont. -- A federal magistrate is recommending the dismissal of a lawsuit filed by eight states seeking freedom from federal gun laws.

The recommendation now goes to the federal judge hearing the case.

The states argue they should decide which rules would control the sale and purchase of guns and paraphernalia made inside their borders.

The federal magistrate on Wednesday sided with the U.S. Department of Justice and gun control advocates who say the courts have already decided that Congress can set standards on such items as guns through its power to regulate interstate commerce.

The states in the lawsuit are Montana, Utah, Alabama, Idaho, South Carolina, South Dakota, Wyoming and West Virginia.