San Diego Sheriff will not seek 9th Circuit en banc in Peruta right to carry case..

The Sheriff could still file (within 90 days of last week’s ruling) a petition for writ of certiorari with SCOTUS.

Also, a majority of Ninth Circuit judges could move sua sponte to rehear the case.

There are so many moving pieces to this puzzle that I hesitate to make a guess, but I would say today’s action at least makes the first less likely.

I think the solidness of the Peruta opinion makes the second less likely.

It appears the left is punting to delay arrival of a carry case at SCOTUS doorstep.  That may happen soon anyway with the Drake case out of Third Circuit.