In what is a strange story that became politicized when it was not available, the U.S. Naval Special Warfare Command has ordered more First Navy Patches which are more known as the "Don’t Tread On Me"  (DTOM) patch as the U.S. Navy SEALs wanted more of these. In recent months the patch wasn't available due to some bureaucratic snafu according to a story in Washington Post.

Taking from Wikipedia, "The First Navy Jack is the current U.S. jack authorized by the United States Navy. The design is traditionally regarded as that of the first U.S. naval jack flown in the earliest years of the republic."

Prior to 9/11 the longest active duty ship in the U.S. Navy usually carries the First Navy Jack. With the War on Terror, the U.S. Navy directed the ships to carry it and this was carried out on the first anniversary of 9/11. From there on, it was allowed to be worn as a patch by serving U.S. Navy personnel in combat zones, and most especially by the U.S. Navy SEALs as they are the primary personnel who are deployed in many anti-terror operations. The patch is worn on the left shoulder for those who are wondering where it should be put on.

A controversy arose in which the SEALs were prevented by their commanders from wearing the First Navy Jack patch due to similarities of the patch with the conservative movement, the Tea Party, as it uses the DTOM as their flag and also using a rattlesnake. This was the story put forward by a former Navy SEAL Carl Higbie, in the conservative news and opinion website called the Daily Caller in November 1, 2013.

But according to Soldier Systems Daily, there was no conspiracy at all, writing 4 days after the Daily Caller story went online:

In the midst of developing the new flag patches, the Navy rolled out the Navy Working Uniform (NWU) Type II and III with Velcro on the shoulder pocket flaps. Ironically, there was no provision in the Navy Working Uniform Manner of Wear regulation allowing flag patches to be worn outside of tactical, training, or deployed situations. As a result, the uniform looked somewhat ridiculous with bare Velcro. Once the prototype laser-cut AOR1 and AOR2 patches were ready for evaluation, the East Coast-based NSW Group sought authorization to wear the reversed US Flag on the right shoulder and DTOM on the left because the patches were made of the same material as the uniform and looked more professional than leaving one or both shoulders bare Velcro.

Fast forward two years and like all things, people begin to take notice and ask, “Why are they doing that?” In this case, NSW never fully ran the issue of wearing patches in the NWU to ground and eventually someone noticed the community was not technically complying with the uniform regulations. As a result of the NWU regulations never being updated to reflect authorization to wear the patch in garrison, the cease and desist order issued by direction of Naval Special Warfare Command, is enforcing the actual uniform regulations issued by the Navy Uniform Board.

Furthermore,  the funny thing is that even before the shortage was reported in the Daily Caller, the Navy in September 2013 allowed the SEALs to wear the patch while in the US before being deployed to theater of operations, as mentioned in the same Washington Post.

We don't know if these patches will then be coveted by airsoft players and Navy SEAL impressionists as this is a patch that denotes that the wearer has been sent to the danger zone in the War on Terror. But we would rather discourage anyone who is not authorized to wear that patch to wear one, especially if copies of this made from somewhere else begin appearing at some airsoft gear sellers, especially in the East.  Still, no one's really stopping you if you want to have one for that U.S. Navy SEAL impression you're putting together.

Thanks to Ravishing Rick Dude for the WaPo link.