MOBILE, Alabama -- More than 36,000 concealed carry permits were issued in Mobile County this year, according to Mobile County Sheriff Sam Cochran. Only 26 people who applied for a permit were turned down.

Yet despite the numbers, Alabama legislators are considering changes to the concealed carry law that would turn Alabama from a state that "may" grant concealed carry permits into at state that "shall."

The change is backed by the powerful gun lobby group, the National Rifle Association, according to various Alabama sheriffs.

The NRA is looking to remove the discretion of sheriff's departments in issuing concealed gun permits. A majority of states follow the "shall" carry rule, with Alabama one of about 10 states following "may" issue rules.

"With those numbers, what's the issue here?" Cochran said, noting that he can be taken to court because he is not allowed to arbitrarily deny concealed carry permits. "Who the devil that is qualified to get a pistol permit gets denied?"

Cochran is among 67 elected sheriffs who have voiced opposition to the concealed carry proposal as part of the Alabama Sheriff's Association. The group has met with lawmakers in Montgomery and informally voted against the measure, according to Cochran.

"I call myself pretty conservative and pro-gun, but it has to be within reason," Cochran said.

Mental health issues not adequately reported in Alabama

At issue is the state's lack of mental health tracking.

Federal law deems it illegal to possess a firearm if a person has been involuntarily committed to a mental facility, but only a tiny fraction of those involuntarily committed end up in the National Instant Criminal Background Check System, or NICS.

Alabama law requires that mental health issues be submitted to NICS only when a law enforcement officer testifies in court that a person has a history of firearm abuse or could pose a threat.

Due to the law, people with mental illness are rarely screened out of eligibility for concealed carry permits based on NICS data alone.

"We would be forced to issue permits to people that we know -- or should know -- have mental health issues," Cochran said.

Cochran said Michael Jansen, the Fairhope man who shot and killed Baldwin County Sheriff's Deputy Scott Ward on Nov. 23, would have qualified for an automatic concealed carry permit despite the fact that his mother moved to get him voluntarily committed three times before the shooting.

"Every one of the 'shall' states has their own criteria," Cochran said. "Some have a good system of mental health tracking. It's just not that simple."

Sheriffs have access to criminal, background records outside NICS

Cochran said he hasn't just used his discretion for applicants with mental health issues.

"We had one individual apply who was arrested for domestic violence four times," Cochran said. "Each time he went to court, the case was dismissed."

Family members warned sheriff's deputies that the man should not have a gun, Cochran said. Without any convictions for domestic violence, however, the man was not barred from owning a weapon.

Cochran said he talked to the man's wife, and she agreed to testify against him in court. He was convicted, barring him from keeping a concealed weapon.

However, three months later the case against him was thrown out after his wife decided not to testify when he appealed his conviction.

Cochran denied the man's application to keep a concealed weapon.

"The law with concealed carry is working in Alabama," Cochran said. "If it ain't broke, don't fix it."

Escambia County Sheriff Grover Smith, president of the Alabama Sheriffs Association, also spoke with an al.com reporter about his opposition to changing the concealed carry gun law in Alabama.

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