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You're right-this would be a situation where an en banc would be justified.
However, several reasons why in light of the obvious split they may pass(or simply not get a majority vote):
The obvious time and resources spent on this, coupled with San Diego not wanting to move forward, they may just say the hell with it.
Also, almost every 2A opinion after Heller I've seen always notes a sense of confusion, with some courts outright saying SCOTUS ought to clarify whether the right extends outside the home (MD Supremes in Williams). What better way to have SCOTUS weigh in than to keep the circuit split intact?
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