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Well separating an upper from a lower isnt really modifying it. Its separating. And the upper isnt a firearm. So if you remove the non firearm part from the equation all you're left with is a reciever. The compliance guy at the firearm manufacturer I work for doesnt have a problem with people doing this, and he is as strict as strict gets when it comes to "bending the rules".
If he records the change in his manufacturing log, that is legal. But, if his intent is to bypass state law by doing this, that's a fine line with an AG that doesn't likes any of our lines.