This is an interesting and informative discussion. As per the S&W usual, we end up getting piles of information that only further muddies the situation. Even still, interesting and entertaining to ponder.

TTSH, you simply must know your answer, yes? In the event that you don't, I'll spell it out for you:

There exists absolutely nobody that is going to definitively answer your .40cal ban/pre-ban question. For damn sure, nobody that works for the State of Massachusetts and perhaps even more surely, nobody at S&W.

The way I see it, you have two choices...

You can use all your posts here as an affirmative defense that you did your due diligence and well beyond, or you can rid yourself of every 11-round S&W .40cal magazine you own.

I'll spare you the best answer that you've already heard a million times even though we both know it's the only right answer.