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.