First off, thanks Chuck for starting this thread. I've kinda been waiting for someone to start a thread on Gray's case (meaning I shouldn't have to be the person to start all the threads).
But yes, it is a further split, and this one is not technical. The CA10 did not even address the issue of openly carrying, other than in passing. They dealt with the entire issue as one of concealed carry only.
That was not the case at the district court nor at the circuit level. At orals, it was made clear that the case was about carry in some form... Open or Concealed. The panel chose to ignore this facet and cling to concealed carry. Thereby dismissing all other arguments.
The panel actually twisted the dicta of Heller to mean what they wanted it to mean and not what Scalia actually wrote.