Professor Volokh has a case in the 9th Circuit:
The Supreme Court’s recent decision in District of Columbia v. Heller, holding that the Second Amendment protects a limited individual right to possess a firearm — unconnected with service in a militia — does not alter our conclusion. Under Heller, individuals still do not have the right to possess machineguns or short-barreled rifles, as Gilbert did, and convicted felons, such as Gilbert, do not have the right to possess any firearms….
Sorry to disappoint those who were hoping for the federal courts to embrace the right to own a machine gun.
Well it sure didn’t help that the guy in question in this case was a convicted felon.
Actually Miller seems easier to get MGs then Heller.
It’s disappointing, but worth remembering that most federal circuits balked on gun rights entirely before Heller.