74-year-old San Jose man arrested for [open] carrying firearm near school

**anonymouse** · December 18th, 2009, 10:43 AM

http://www.mercurynews.com/top-stories/ci_14020859

74-year-old San Jose man arrested for carrying firearm near school

By Lisa Fernandez

lfernandez@mercurynews.com
Posted: 12/17/2009 05:38:44 PM PST
Updated: 12/17/2009 10:04:50 PM PST

After his brothers watched a newscast about the national movement to carry guns in public, they told Sherman "Tony" Fontano he could do that himself. Two San Jose police officers also said it would be OK.

So this week, Fontano, 74, put his unloaded .357 Magnum into his waistband and took a walk with his girlfriend.

But he was soon surrounded by police who had their own guns drawn. Unfortunately, nobody had mentioned it is against the law in California to walk with a firearm near your neighborhood school.

"I just can't see what I did wrong," Fontano told the Mercury News on Thursday. "I'm not a member of anything. I'm not political. I just wish the cops would have told me not to carry it near a school. This was all a total mistake."

Fontano was arrested Monday after he and his girlfriend took a shortcut through a field at Allen at Steinbeck School. A parent spotted the gun-toting retiree and called police.

Fontano finds himself caught up in a national controversy known as the "Open Carry Movement," whose supporters have been trying to convince the public that carrying a pistol in public is as normal as carrying a pen.

John Pierce, one of the co-founders of www.opencarry.org, said the law used to arrest Fontano is one of many arbitrary statutes that violate the constitutional right to bear arms. He didn't know about Fontano's arrest until called for a comment Thursday, but he said he supports Fontano and people like him.

But San Jose police Sgt. Ronnie Lopez said Fontano's actions created a dangerous situation, adding police always take reports of a firearm near a school very seriously.

"It's just not wise to carry a weapon around," Lopez said. "It could lead to a tragic outcome."

Fontano, who could face a felony charge, is out of custody and is scheduled to appear in court on Dec. 28. The district attorney is reviewing the case and no charges have been filed, according to spokeswoman Amy Cornell.

With some exceptions in California — including if you're near a school, are a felon or high on drugs — people can openly carry unloaded guns. If you want to carry a concealed weapon in California, you need a permit.

Fontano can't believe the fuss his morning walk with his never-been-fired Magnum has caused.

"It's a nice looking gun to put in your showcase," he said "So, this here thing has blown me away."

Fontano describes himself as an Obama-supporting Republican who grew up hunting for food in Texas to feed a family of eight brothers and four sisters.

His 63-year-old girlfriend, Deanna Leos, says Fontano's brothers were talking to him about a newscast they recently saw about the open carry movement, and told him it was perfectly OK to carry his unloaded Magnum. About a month ago, Fontano said he stopped two police officers specifically to ask them if he could carry his unloaded gun, and they told him it was fine. He says no one ever mentioned the school exception.

Leos is "horrified" and "humiliated" at what happened. "They all jumped out at us and pulled their guns like they were going to shoot us," she said.

She remembers warning Fontano not to take their morning walk with the gun.

"I was against it," she said. "But Tony wanted to prove his point. I thought this might open a can of worms."

Contact Lisa Fernandez at 408-920-5002.

Don't ask police for legal advice.

**Johnboy** · December 18th, 2009, 11:26 AM

But San Jose police Sgt. Ronnie Lopez said Fontano's actions created a dangerous situation, adding police always take reports of a firearm near a school very seriously.

"It's just not wise to carry a weapon around," Lopez said. "It could lead to a tragic outcome."

Really??? Then why do you do it? If you are right that it could lead to a dangerous situation then why should I trust the police to carry? Maybe the police are the ones who cause these "dangerous situations" by over-reacting.

I love getting lectured by cops. I have several family members who are cops and they are some of the most ignorant and least educated people I know. Their first response is always to escalate the situation to show you who is boss. They are the ones who should be disarmed.

**Pa. Patriot** · December 18th, 2009, 11:35 AM

But San Jose police Sgt. Ronnie Lopez said Fontano's actions created a dangerous situation, adding police always take reports of a firearm near a school very seriously.

"It's just not wise to carry a weapon around," Lopez said. "It could lead to a tragic outcome."

Your public schools at work. They have turned loose another exemplary public servant upon your community.

**greasy** · December 18th, 2009, 11:48 PM

Sad story. Sounds like the guy had great intentions, and made somewhat of an effort to make sure he wasn't doing anything illegal. Should have checked the laws though. Ignorance is no excuse.

**Paradigm** · December 19th, 2009, 12:01 AM

Fontano was arrested Monday after he and his girlfriend took a shortcut through a field at Allen at Steinbeck School. A parent spotted the gun-toting retiree and called police.

Thank goodness a parent was there to save the day from a mild-mannered senior citizen! Think of the children!

I'm a little bit confused with the story. The headline states that he carried near a school, but the story sounds like he crossed through a field at the school. Does CA have a rule like ours (any school property is off limits) or do they have a X-feet from the building/property rule?

But as was said before, know the law...and don't ask LEOs for legal advice.

**wa3ra** · December 19th, 2009, 01:55 AM

CA follows Federal law; 1000 feet is off limits. makes huge swaths of many cities no-carry zones.

**zackattack784** · December 19th, 2009, 01:59 AM

Originally Posted by wa3ra

CA follows Federal law; 1000 feet is off limits. makes huge swaths of many cities no-carry zones.

That's only if carrying said firearm affects interstate commerce

**S&WM&P40** · December 19th, 2009, 05:02 AM

Originally Posted by Paradigm

Thank goodness a parent was there to save the day from a mild-mannered senior citizen! Think of the children!

I'm a little bit confused with the story. The headline states that he carried near a school, but the story sounds like he crossed through a field at the school. Does CA have a rule like ours (any school property is off limits) or do they have a X-feet from the building/property rule?

But as was said before, know the law...and don't ask LEOs for legal advice.

I know imagine what could have happened to the children if the parent didn't stick their nose where it doesn't belong. We could have had another massacre on our hands.