As MarkTwain said, the three judge opinion in Peruta I (written by the same judge who wrote this opinion,) stated that you cannot ban both concealed and open carry simultaneously, but the en banc panel only upheld the may issue concealed carry statute and specifically stated that they were not asked to rule on open carry, therefore they remain silent on that matter in what is now called Peruta II.
They got away with that because when the Peruta case started, California law allowed open carry of an unloaded firearm, but repealed that law after the appeal process in Peruta was well underway. Therefore the original Peruta lawsuit did not address open carry at all.
Thanks for the recap. I’m hoping this case makes it to the Supreme Court once we have Trump’s new justice onboard. I know that Thomas has been pretty vocal about how cowardly the court has been in actually ruling definitively since Heller.