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Thread: 77 Year Old, San Jose Man charged Jan. 22nd for 626.9 violation.

  1. #1
    Anti-Saldana Freedom Fighter bad_ace's Avatar
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    http://www.mercurynews.com/breaking-...nclick_check=1

    Article:
    A month ago, nearly two dozen San Jose police officers circled around Sherman "Tony" Fontano after a parent spotted the 74-year-old toting a .357 unloaded Magnum near a school.
    He was arrested, questioned for hours, and told he could possibly face a felony. It's illegal to carry a weapon within 1,000 feet of a school.
    But Fontano, who supports the controversial Open Carry movement, is being charged with a lesser misdemeanor count — possessing a firearm within a school zone.
    And Fontano is thanking his lucky stars.
    "This is much, much, much better than a felony,'' Fontano said.
    The Santa Clara County District Attorney's Office filed the charge Jan. 6, and Fontano, who is out of custody, was told to appear in court on Feb. 22.
    Fontano insists he isn't political, and just wanted to walk around with his showcase Magnum after his brothers told him about the Open Carry movement .Supporters of the movement want to persuade the public that guns should be treated as an accessory, much like a pen or iPod.
    California Penal Code only prohibits concealed weapons and says nothing about if weapons are unloaded. The movement is gaining attention, pro and con, all over the country.
    Fontano just didn't realize that there are certain exceptions about where you can walk around in this country with an unloaded gun.
    Now, he said, he's getting educated. He bought a book and is brushing up on the law.
    "Yeah, I'm going to carry my gun again,'' he said. "Just not near a school.''
    ______________________________________________

    Edit: removed a request that was fulfilled. thx.

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    bad_ace wrote:
    http://www.mercurynews.com/breaking-...nclick_check=1

    Article:
    A month ago, nearly two dozen San Jose police officers circled around Sherman "Tony" Fontano after a parent spotted the 74-year-old toting a .357 unloaded Magnum near a school.
    He was arrested, questioned for hours, and told he could possibly face a felony. It's illegal to carry a weapon within 1,000 feet of a school.
    But Fontano, who supports the controversial Open Carry movement, is being charged with a lesser misdemeanor count — possessing a firearm within a school zone.
    And Fontano is thanking his lucky stars.
    "This is much, much, much better than a felony,'' Fontano said.
    The Santa Clara County District Attorney's Office filed the charge Jan. 6, and Fontano, who is out of custody, was told to appear in court on Feb. 22.
    Fontano insists he isn't political, and just wanted to walk around with his showcase Magnum after his brothers told him about the Open Carry movement .Supporters of the movement want to persuade the public that guns should be treated as an accessory, much like a pen or iPod.
    California Penal Code only prohibits concealed weapons and says nothing about if weapons are unloaded. The movement is gaining attention, pro and con, all over the country.
    Fontano just didn't realize that there are certain exceptions about where you can walk around in this country with an unloaded gun.
    Now, he said, he's getting educated. He bought a book and is brushing up on the law.
    "Yeah, I'm going to carry my gun again,'' he said. "Just not near a school.''
    ______________________________________________

    Can someone get this guys contact info for me, I'd love to interview him for my OC radio show.

    that sucks, it could have been worse i guess. is he even allowed to own a gun anymore?

    he really should have done his research.

    Supporters of the movement want to persuade the public that guns should be treated as an accessory, much like a pen or iPod.
    ^^^^who is doing this????? sure, it would be nice for public to be as scared of guns as they are an ipod or a pen, but treated as an accessory? wait, who uses a pen as an accessory? im not trying to dress up my glock to match some gator skin boots and a burberry suit... maybe i should! i think this story has inspired me get a gun for the purpose of having it match my shoes and belt. AB-FAB!
    When injustice becomes law, resistance becomes duty.

  3. #3
    Regular Member coolusername2007's Avatar
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    Damn. That's too bad. GFSZ's are unconstitutional...yet this state is hell bent on creating laws that pervert the Constitution. Instead of secession...I'm in favor of the Union kicking this state out for cause.

    ETA: His brothers should seriously pitchin for his defense. They watched the news story, they should've warned him about the GFSZ's (in addition to his own research).
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    Newbie cato's Avatar
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    IF he is that excited about a misdemeanor he might even plea and not fight it. Does he know it carries a 10 year firearm prohibition?

    There will be more "Darwin" arrests with all the additional media on UOC...

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    cato wrote:
    IF he is that excited about a misdemeanor he might even plea and not fight it*.* Does he know it carries a 10 year firearm prohibition?
    Suicide, if he doesn't move out of this god-forsaken state.

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    Founder's Club Member MudCamper's Avatar
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    This guy must not use the internet, at all. He's going to get himself into more trouble. We need to get contact information for him.


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    "Your Honor, I had no idea that a school was located nearby".

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    Army wrote:
    "Your Honor, I had no idea that a school was located nearby".
    At his age, that might not be at all implausible.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Regular Member coolusername2007's Avatar
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    He's already said too much. This guy talked to the cops for hours, and he's talked to the press (I think). He's screwed. Sorry pal. I'd make your brothers (who apparently don't youlike too much anyway)pay for it all.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    Founder's Club Member MudCamper's Avatar
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    Army wrote:
    "Your Honor, I had no idea that a school was located nearby".
    First, as Theseus' case has demonstrated, knowledge may be required technically per the penal code, but it isn't to actually get a conviction.

    Second, this guy was on school property.


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    Looks like everybody else missed the part about there being the Penal Code saying "nothing about if weapons are loaded."

    I wrote the following letter to the author of this report:

    ================================================== ====

    Ms Fernandez,

    I read your story about the man charged under PC 626.9 - the "California Gun-Free School Zone Act" - and I immediately noticed a major mistake printed in the article.

    You wrote, "California Penal Code only prohibits concealed weapons and says nothing about if weapons are unloaded."

    Grammatical errors aside, this statement is factually incorrect. The penal code in fact directly addresses the possession of loaded firearms in section 12031. There is also some case law from the CA Court of Appeals related to (and clarifying) the restrictions involved.

    For your perusal, I've attached a pamphlet with a variety of information on CA gun restrictions. The creator of the pamphlet updates it regularly, so for future reference you can find it online at www.californiaopencarry.org - where there is a collection of open carry pamphlets, law enforcement memos and correspondence, and miscellaneous other information you may find interesting.

    I hope you and the Silicon Valley Mercury News take this mistake seriously. Your readers may mistakenly trust your article as well-researched and blindly believe there is in fact no restriction on possession of loaded firearm. This could lead to more people carrying firearms in manners that foolishly violate laws. I hope you will encourage your readers to research the practice of open carry before getting involved.

    In addition to www.californiaopencarry.org, more information/discussion is available on the forums at www.opencarry.org and at www.calguns.net. I hope you'll join us there and encourage your readers to do the same.

    Sincerely,

    CA_Libertarian

    PS: Any responses to this letter are not private, and may be shared with others.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

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    Regular Member wewd's Avatar
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    This guy doesn't seem to be very bright. The "right people" supposedly contacted him a while ago, and put him in touch with legal counsel, but he's chosen not to avail himself of it. Maybe he can't afford it, I don't really know. But they had to have given him some advice on his predicament. I do feel sorry for him, to a point, but I don't think he fully realizes the gravity of his situation.
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  13. #13
    Regular Member 1245A Defender's Avatar
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    is ther any follow up to this case?

    old cases have been popping into my head tonight!
    alot of our friends have been jacked up it the last year.

    the disposition of this case could have great impact on theseus,and his appeal!
    Last edited by 1245A Defender; 08-11-2010 at 09:33 AM.
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

  14. #14
    Regular Member ryanburbridge's Avatar
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    Quote Originally Posted by CA_Libertarian View Post
    Looks like everybody else missed the part about there being the Penal Code saying "nothing about if weapons are loaded."

    I wrote the following letter to the author of this report:

    ================================================== ====

    Ms Fernandez,

    I read your story about the man charged under PC 626.9 - the "California Gun-Free School Zone Act" - and I immediately noticed a major mistake printed in the article.

    You wrote, "California Penal Code only prohibits concealed weapons and says nothing about if weapons are unloaded."

    Grammatical errors aside, this statement is factually incorrect. The penal code in fact directly addresses the possession of loaded firearms in section 12031. There is also some case law from the CA Court of Appeals related to (and clarifying) the restrictions involved.

    For your perusal, I've attached a pamphlet with a variety of information on CA gun restrictions. The creator of the pamphlet updates it regularly, so for future reference you can find it online at www.californiaopencarry.org - where there is a collection of open carry pamphlets, law enforcement memos and correspondence, and miscellaneous other information you may find interesting.

    I hope you and the Silicon Valley Mercury News take this mistake seriously. Your readers may mistakenly trust your article as well-researched and blindly believe there is in fact no restriction on possession of loaded firearm. This could lead to more people carrying firearms in manners that foolishly violate laws. I hope you will encourage your readers to research the practice of open carry before getting involved.

    In addition to www.californiaopencarry.org, more information/discussion is available on the forums at www.opencarry.org and at www.calguns.net. I hope you'll join us there and encourage your readers to do the same.

    Sincerely,

    CA_Libertarian

    PS: Any responses to this letter are not private, and may be shared with others.
    You are the man. I think you have done a great job.

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