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I would argue yes. By attaching a flash hider permanently they agree that the OAL is extended. It is still a flash hider and not a barrel, and now they measure from that point because it is permanent. So by that same argument the permanent extension of the firearm receiver would be just as valid in OAL as a muzzle device.
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Your argument makes sense, EXCEPT for the fact the BATFE has specifically said to use the end of the barrel, without including muzzle devices, unless those muzzle devices are permanently attached to the barrel.
Now, I do realize when the BATFE made that ruling monolithic uppers probably did not exist. And now that monolithic uppers do exist, perhaps the BATFE will revise the wording. But until then, I would go by what the BATFE has specified; to the end of the barrel, without the muzzle device, unless the muzzle device is permanently attached.
But, in any case, please do not write the BATFE a letter!