[CurlyDave]

I am hoping that he is inundated with applications for CCW.

He must be smart enough to know that if he appeals or asks for an en banc hearing every one of these people will vote against him this November, when he is up for re-election.

OTOH, I think he might survive the election if he does not appeal and just starts issuing.

IANAL, but I think that if there is no appeal this is binding precedent everywhere in the 9th Circuit, but that no one else has standing to pursue an appeal.

[marktwain]

I read the David Hardy article where he looks at this in some depth. It turns out that a single member of the 9th Circuit can ask for an appeal to the en banc court. My guess is that there will be someone who will ask for an appeal.

The question is, will the 9th Circuit decide to have an en banc appeal? To do so, 14 of the 27 members of the court would have to vote for it. It is not at all clear if they will do so. Sheriff Gore and/or the County of San Diego have until the end of the month to ask for an en banc appeal, and the same process applies to them. Only about 1 of 20 appeals for an en banc ruling are granted.