A group of retired Marines is asking Connecticut’s attorney general to allow the “Don’t Tread on Me” Gadsden flag to fly over the state Capitol on July 4 after Capitol Police refused the request saying it doesn’t fall within the state’s flag flying parameters.

The group says the yellow banner, which sports a coiled rattlesnake and its trademark motto, is the original flag of the U.S. Marine Corps and clearly fits into the section of the policy which states that the Connecticut State Capitol can fly “flags of recognized military organizations of the U.S.A.”

But Capitol Police have denied several requests to fly the flag — which has become a favorite nationwide among the Tea Party movement and a popular alternative to the stars and stripes – saying it is not the official Marines flag.

“The Gadsden flag was a personal standard used by one admiral during the Revolutionary War,” Capitol Chief of Police Walter Lee told “The Marine Corps never claimed that to be one of its organizational flags.”

Retired Marine Patrick Rubino says the Marines see it very differently.

“I’d learned about in the Marine Corps. It’s one of the first, if not the first Marine Corps flag,” Rubino told “They even flew it over our bases in Afghanistan and Iraq while I was there.”

Having heard that the police had denied a previous request to have the flag displayed at the Capitol, Rubino wrote a letter to lawmakers to find out why.

“I didn’t get any response from that so I just went down there and submitted a request to have it flown on Memorial Day because my brother was coming home from the Army so I thought it would be a great thing,” he said. “They denied it before I even filled out the form.”

The reason given for the rejection, Rubino said, was that the “rules were going to be changed” so they were denying it preemptively.

Source: Diane Macedo for Fox News.

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