A couple years ago an article posted by Firefighternation.com was filled with misinformation that was stated as fact and unfortunately that article still circulates on the web.

We have a duty to respectfully honor our fallen. It is a responsibility to have correct information and with any luck people will stop giving misinformation on what authority has the responsibility for half-staffing the US flag.

To cut to the chase I am starting at Title 4> Chapter 1> § 7 m), here is what The Flag Code says about half-staffing:

Title 4> Chapter 1> § 7
m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff 30 days from the death of the President or a former President; 10 days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at half-staff on Peace Officers Memorial Day, unless that day is also Armed Forces Day.

Raising the question of Half Staffing, Can only The President, and governors of states order it? No.

Title 4> Chapter 1> § 7 states "In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law."

Meaning while the President is the only person with the authority to order all flags to half-staff. The federal government gives authority to all heads of departments and agencies to lower the flag for an individual or anyone in accordance with recognized customs or practices. The Flag Code does specifically dictate to the President when the flag must be ordered to half-staff.

This statement "in accordance with recognized customs or practices" is very important as it carries through to state and local governments. The reason that the federal flag code doesn’t specify how states, borough / county, city or individules will fly the flag is one of the very things that our founding fathers fought for, that is to not have intrusion or restriction.

To restrict a state, borough / county, city or individual would be a violation of the first amendment.

In my opinion it is also extremely disrespectful for a state, borough / county, city or individual not to honor the service of individuals that have fallen in the line of duty. The flag flying at half-staff is not only a sign of respect for the fallen but also as an announcement that the individual has made the ultimate sacrifice for their fellow man.

Any person that lays down their life for others and falls in the line of duty regardless of the service that they chose, deserves and is owed having flags flown at half-staff. To not fly the flag at half-staff truly disrespects every solder and first responder that has died in the line of duty.

****In a report titled The United States Flag: Federal Law Relating to Display and Associated Questions by the Congressional Research Service ˜ The Library of Congress offered this conclusion:
"Again, the provisions of the Flag Code on flying the flag at half-staff are, like all the Code's provisions, a guide only. They do not apply, as a matter of law, to the display of the flag at half-staff by private individuals and organizations. No federal restrictions or court decisions are known that limit such an individual’s lowering his own flag or that make such display alone a form of desecration."

Even the DoD doesn't require the Presidents order. Department of Defense INSTRUCTION NUMBER 1005.06 dated March 27, 2008 gives that authority to the "heads of DoD Components."

>>3. POLICY
It is DoD policy that the national flag shall be flown at half-staff:
3.5. On buildings, grounds, or naval vessels under the jurisdiction of the Heads of DoD Components on occasions other than those specified in paragraphs 3.1. and 3.2. that the Component Heads consider proper and appropriate, in accordance with Presidential Proclamation 3044 (Reference (g)).

As a free people in a free republic, the matter is left up to our own discretion and should be dictated by respectful decorum. It is not against any law, code or policy for private flags to be half-staffed for private events or memorials.

Both the IAFF and the NVFC have recommended half-staff procedures for LODD on their websites.

Respectfully,
Steve Schreck
RFB EGH DTRT FTM