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legality of putting permanent rail on bayonet lug

Lower dude, upper doesn't mean anything unless it's mount to a lower. You can do whatever you like to an upper, it's the lower that is considered a firearm.

For the most part, if you have a "post-ban" AR, your going to need to permanently attach the muzzle device, pin the stock so it doesn't collapse and grind off the bayo lug. The other way around it if you want a bayo lug is to get one of those stupid NY SAFE act compliant stocks.
 
I havent bought the upper yet. I am just asking a question
A good question at that. Haven't got an answer but interested to hear one.

Anyplace will ship you a lugged and flash hider equipped upper, it's up to the recipient to take care of it according to their local laws. The manufacture date of the serial numbered lower determines "pre ban" status.
 
If you blind pin it, or weld it on, you would have a decent argument that what was once a bayonet lug is no longer a bayonet lug via a permanent modification. Of course, a prosecutor may disagree and ultimately a court will have to decide.
 
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