DPMS has made illegal configurations before and sold them, based on THEIR interpretation of the law instead of on BATF's. For example, they used to sell rifles with permanently-attached A2 flash suppressors, based on the notion that the military called them "compensators" instead of flash suppressors. BATF wasn't amused.
One part of me says, "Go DPMS! These laws suck anyway." But the other part says, "You guys are selling rifles in illegal configurations that could result in innocent people getting busted because they assume that factory rifles must be legal, which is WRONG."
Either way, BATF would not approve a stock that was as you described. Of course, it IS possible that someone switched the stock after it left DPMS, so I wouldn't harbor any ill will towards them without first verifying how the rifle left the factory.
-Troy