The Peruta case out of California is different: it was ruled that "may issue" was unconstitutional BECAUSE California banned the practice of open carry of both handguns and long guns, both loaded and unloaded. Therefore, it gives its citizens no legal way of carrying firearms other than a discretionary permit issuance system for concealed carry in all counties. If en banc is denied in the Peruta case, what would probably happen is that the state would be ordered to make their concealed carry permit system shall-issue or repeal their current ban on open carry, just like Illinois was given 180 days to craft a concealed carry law after Moore. This assumes that California's AG, Kamala Harris, is as risk adverse as Lisa Madigan was last year when she faced the same decision of whether to petition SCOTUS or not.