Rep. Henry Cuellar (D., Texas) on Monday said supporting the Second Amendment does not entail opposing all limits on firearm possession, even as MSNBC host Katy Tur discounted the points he made.
Cuellar represents Texas’ 28th Congressional District, which includes Sutherland Springs where a gunman killed at least 26 churchgoers Sunday. Tur asked Cuellar if he thought there should be any limits on the Second Amendment, and he pointed out that limits already exist.
"You can't scream ‘fire’ in a crowded theater, that’s a limit to the First Amendment," Tur said, quoting former Supreme Court Justice Oliver Wendell Holmes’ argument for suppression of dissent in wartime. "Should there be any limits at all to the Second Amendment?"
"I think there are limits already," Cuellar replied.
Tur asked what they are, and Cuellar started to answer.
"Not everybody can get a gun," Cuellar said. "There is some background, there is—"
"But that’s not consistent around the entire country," Tur interjected.
In fact, the Federal Instant Criminal Background Check System does apply to commercial gun sales across the whole country, although private sales are regulated differently according to state laws.
Cuellar explained that there are limits to the Second Amendment, which he accepts as a supporter of gun rights.
"There are some limits right now to the Second Amendment," Cuellar said. "Do I believe in the Second Amendment? Yes. Do I believe in the First Amendment? Yes."
"Until we make some changes to the Constitution, those are some of the basic constitutional rights that we have," Cuellar added.
Tur did not seem affected by Cuellar’s explanation that there are limitations on gun rights.
"But I was just hoping to find out whether or not you think there should be any limits," Tur said. "I presume your answer is no?"
"No, I just told you there are some limits under the law right now," Cuellar said.
Tur did not go further but did offer condolences for the shooting, for which Cuellar thanked her.
The lone gunman who opened fire at First Baptist Sutherland Springs died from a self-inflicted gunshot wound, according to authorities. The Air Force admitted a procedural error in failing to alert federal law enforcement about his domestic violence conviction in 2014, which would have barred him from buying the AR-556 he used in the shooting.