Hi George,
This is one of the toughest things for those new to open carry to wrap their brains around. Much of the confusion stems from MI having two separate and distinct, but very similar, lists of Pistol Free Zones (PFZs). Actually one is a Firearms Free Zone (for OC) while the other is a Concealed Pistol Free Zone (for people concealing with a CPL), to keep them separate for this discussion I'll refer to them as OC PFZs and CC PFZs.
The thing you need to remember is that these are two separate laws and, while similar, they don't have much bearing on each other.
The first is the list of OC PFZs:
This is a list of places it is illegal to possess
any type of firearm unless you meet one of the exemptions listed in Section 2 of the law.
750.234d (1) Except as provided in subsection (2), a person shall not possess a firearm on the premises of any of the following:
(a) A depository financial institution or a subsidiary or affiliate of a depository financial institution.
(b) A church or other house of religious worship.
(c) A court.
(d) A theatre.
(e) A sports arena.
(f) A day care center.
(g) A hospital.
(h) An establishment licensed under the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933, being sections 436.1 to 436.58 of the Michigan Compiled Laws.
(2) This section does not apply to any of the following:
(a) A person who owns, or is employed by or contracted by, an entity described in subsection (1) if the possession of that firearm is to provide security services for that entity.
(b) A peace officer.
(c) A person licensed by this state or another state to carry a concealed weapon.
(d) A person who possesses a firearm on the premises of an entity described in subsection (1) if that possession is with the permission of the owner or an agent of the owner of that entity.
So for the normal public the only way to possess a firearm on the premises of any of the listed locations is to either have a CPL or have permission from the owner/management.
I'm going to take a little aside here because you mentioned that the Michigan liquor control act, Act No. 8 of the Public Acts of the Extra Session of 1933 mentioned in .234d had been repealed. Unfortunately it was replaced with the Michigan Liquor Control Code of 1998 Act 58 of 1998 which contains this little nugget:
436.2303Excerpt:
(5) A reference in any other law to the Michigan liquor control act, 1933 (Ex Sess) PA 8, being MCL 436.1 to 436.58, is considered to be a reference to this act.
Those MCL sections mentioned comprise the entirety of the Liquor Control Code so any license to sell alcohol that is granted under any section of the Liquor Control Code is accounted for in the OC PFZ law.
Ok, back on track. To recap so far we know that in order to lawfully carry any type of firearm on the premises of any entity licensed to sell alcohol we either need a CPL or we need to have permission. Notice it doesn't say we need to conceal, only that we have a CPL.
Now we throw the CC PFZs into the mix:
28.425o(1) Subject to subsection (5), an individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol on the premises of any of the following:
(a) A school or school property except that a parent or legal guardian of a student of the school is not precluded from carrying a concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school or picking up the child from the school. As used in this section, "school" and "school property" mean those terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
(b) A public or private child care center or day care center, public or private child caring institution, or public or private child placing agency.
(c) A sports arena or stadium.
(d) A bar or tavern licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, where the primary source of income of the business is the sale of alcoholic liquor by the glass and consumed on the premises. This subdivision does not apply to an owner or employee of the business. The Michigan liquor control commission shall develop and make available to holders of licenses under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, an appropriate sign stating that "This establishment prohibits patrons from carrying concealed weapons". The owner or operator of an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, may, but is not required to, post the sign developed under this subdivision. A record made available by an establishment licensed under the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303, necessary to enforce this subdivision is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(e) Any property or facility owned or operated by a church, synagogue, mosque, temple, or other place of worship, unless the presiding official or officials of the church, synagogue, mosque, temple, or other place of worship permit the carrying of concealed pistol on that property or facility.
(f) An entertainment facility with a seating capacity of 2,500 or more individuals that the individual knows or should know has a seating capacity of 2,500 or more individuals or that has a sign above each public entrance stating in letters not less than 1-inch high a seating capacity of 2,500 or more individuals.
(g) A hospital.
(h) A dormitory or classroom of a community college, college, or university.
(2) Subject to subsection (5), an individual shall not carry a portable device that uses electro-muscular disruption technology on any of the premises described in subsection (1).
(3) An individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section 12a(1)(f), shall not carry a concealed pistol in violation of R 432.1212 or a successor rule of the Michigan administrative code promulgated under the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226.
(4) As used in subsection (1), "premises" does not include parking areas of the places identified under subsection (1).
Notice in the very first line that this entire law only applies to a pistol that is carried concealed by someone that is licensed to do so. This is where everybody gets confused because this is the law where "primary source of income" is mentioned. In .234d, which applies to those people who do NOT have a CPL, no mention of "primary source of income" is made only that a firearm may not be carried anywhere that is licensed to sell alcohol. That's a big difference and it trips up many people.
To recap:
.234d tells us where we cannot carry any firearm unless we meet one of the exmeptions, one of which is having a CPL. So if I have a CPL most of those places do not apply to me (courts are still no-go due to a MI Supreme Court Admin. Order).
.425o tells us where a person licensed to carry a concealed pistol may not carry a
concealed pistol so if my pistol is
not concealed those places do not apply to me either.
The big thing to remember is that these are two distinct laws and the language, definitions, exemptions, etc. found in one do not apply to the other. Right now since you don't have a CPL you would be bound by .234d. Once you get your CPL things get significantly easier.
Bear in mind that I am not a lawyer and this is just my layman's interpretation of the law that I have reached through reading and discussion both here and at OCDO. You need to make you own decisions based on your comfort level and don't take anything I write as legal advice.
Oh and don't take any of our words as gospel on anything. Ask for cites and if cites can't be given just take that person's post as their opinion and not fact. Do your own reading and come to your own conclusions because at the end of the day if you find yourself in court telling the judge that "the guys at MOC said this was ok" isn't going to cut it.
Bronson
