Good Question, I’ll have to look into it.
I know the Army doesn’t hold a claim on the CW flags. Not sure on the post CW, Indian War flags. I would guess not since they haven’t made a move on any of the other Custer flags or the other Indian War flags. I know that there are several Indian Scout Guidons in private hands, so maybe it is just WWI and after that all military flags belong to the U. S. Government. I also know it can be up to 20 years in prison for someone having a Military flag.
Happy Trails!
Tom Martin