The 10th Circuit decision in
Peterson v. Martinez did not base its decision on Colorado being an Open Carry state. The 10th Circuit explicitly held "[T]hat the carrying of concealed firearms is not protected by the Second Amendment or the Privileges and Immunities Clause." Id at 1201.
If either the divided three judge panel decision in Peruta/Richards is upheld or the Florida Supreme Court upholds Florida's Open Carry bans then the most relevant SCOTUS Rule 10 splits are with the California Supreme Court in
People v. Dykes Id at 778 and
Moore v. Madigan at 938 which cited District of Columbia v. Heller, supra, 554 U.S. at 626, 128 S.Ct. 2783 approval of prohibitions on concealed carry despite Judge Posner's unmistakable preference for concealed carry. For that matter, the only court which has upheld an Open Carry ban which can still be cited is the appellate court in the Norman case. The divided three judge panel decisions in Peruta v. San Diego/Richards v. Prieto were vacated.
I'm pretty sure that the en banc Peruta court has read the dissent to the denial of cert in
Jackson v. San Francisco. The en banc panel knows that if Peruta/Richards lose then SCOTUS will not grant their cert petitions but if they win then there is a SCOTUS Rule 10 grounds for granting cert (which doesn't mean that SCOTUS will grant cert).
I have a
table of 9th Circuit Court of Appeals Second Amendment decisions (published and unpublished) at my website. You can find these decisions at Google Scholar. For Peruta/Richards to prevail they will need six circuit judges on the en banc panel to rule in their favor. I don't count six votes on the en banc panel which will rule in their favor but at this point I will take any decision which creates a Second Amendment split.
And if the Peruta/Richards three judge panel decisions are upheld then we have multiple splits which is grounds for my appeal to be initially heard before a different en banc panel of eleven judges randomly selected from the 29 active circuit judges with the same ramifications should I lose as to SCOTUS granting cert.