Quoted: It's just a worst-case hypothetical situation I painted up to explain my question clearly. Maybe a new ban would go in effect five years later- but the circumstances would be identical.
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Since you defined the hypthetical future as very similar to the past, wouldn't looking at what happened last time be the smart thing to do?
If the receiver had been shipped from the manufacturer, so that it was in private hands prior to the passage of the ban, it is assumed that it was assembled as a pre-ban assault weapon. It may or may not have been, but the BATF has no way of proving it was not, and given that the onus is on them to prove their case, they didn't even try.
In your "what if?" scenario, the ATF would no doubt work under the assumption that every AR-15 receiver was assembled with multiple evil features, in all states that allow it, at one second after midnight, Sept. 14, 2004. They have no way to prove otherwise. So the new AWB, passed 24 hours later, would have to include all those receivers as Pre-Ban II. You do not need to have absolute proof of anything.