I think the way it is technically defined by the US Army is that the "weapon" is just the lower, and there is not all encompassing rule about not being able to swap the upper. I think he is actually breaking more rules by wearing those gloves rather than the issue ones than by using that gun. A few years ago I met a US Marine who told me that they were unofficially approved to take a personal pistol to Afghanistan. Where this gets tricky, is that I don't believe there would be a legal way to get the gun back into the US, so if you take it you are likely to end up loosing it unless you smuggle it out (which is not really that difficult but is highly illegal) which is what this guy ended up doing. Not sure if this problem would exist in this case as it would just be an upper, but I know I wouldn't want to risk loosing my own personnel weapon.
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