The government recommends throwing out a lawsuit challenging federal regulation of gun manufacturing and sales.

But one of the groups behind the challenge, the Montana Shooting Sports Association, says a dismissal will help their cause.

They want the case in front of the U.S. Supreme Court.

Montana lawmakers do not want the federal government telling them how to enforce their gun laws.But, a federal magistrate recommended dismissing the lawsuit that could make that a reality.

"We have assumed all along that we would likely get dismissed at the district court," says MSSA President, Gary Marbut.

Marbut helped write Montana's Firearms Freedom Act. The act states guns made in and sold only in Montana are exempt from federal gun laws, because no state lines are crossed. The legislature passed it, and the governor signed it last year. Supporters immediatly filed suit in federal court, hoping to validate the law.

Marbut says even if the case is dismissed, he plans on taking it all the way to the nation's highest court.

"We only have to win at the United States Supreme Court, and we can lose all the way up to the United States Supreme Court," says Marbut.

Some gun control groups claimed victory after hearing the magistrate's decision.

The Brady Center to Prevent Gun Violence released a statement saying "freedom acts threaten public safety" and "the act itself should be thrown out".

Marbut claims even if they do not make it to the Supreme Court, there is a backup plan in place, the Sheriff's First Bill.

"Sheriff's First would make it a Montana state crime, for a federal officer to arrest, search, or seize, in Montana, without the advanced written consent of the elected county sheriff," says Marbut.

For now, the group will have to ride things out on the district level.

The Montana legislature passed the Firearms Freedom Act in to law in 2009.

It states that firearms, ammunition, or accessories made and retained in Montana after October 1, 2009 are not subject to federal regulation.

The law does not cover things like fully automatic weapons,silencers, and exploding ammunition.

Since 2009, several other states including Arizona, Wyoming, and Tennessee have passed similar bills.

The magistrate's recommendation goes to District Judge Donald Molloy for a final decision.