That was consolation padding to keep them from going en banc and delaying further or pushing the issue again. Since they incorporated, SPECIFICALLY saying Hickman v Block is dead, CCW access will be opened up and the issue will be moot.
Just who would be going en banc?
The county can't because they WON the case.
This is a huge win and you guys are worried about minor details. Nothing in the dicta matters a whole lot. Its just musings of the judges. What matters is their findings.
Disclaimers: I am not a lawyer, cop, soldier, gunsmith, politician, plumber, electrician, or a professional practitioner of many of the other things I comment on in this forum.