What's required are four things, 2 of which are objective criteria, 1 of which is a statement that those objective criteria have been met, and the last some undefined compliance inspection:
-Manufacturer's declaration that
-2000 have been manufactured and
-made available to the general public
-NROI inspection for compliance
Unfortunately, the declaration alone is being taken as the be-all-end-all with no oversight as to whether the two objective criteria are met.
I can understand taking the manufacturer's word on whether 2000 have been produced (although I would like to see some suggestions for how/whether to audit that), but not on availability to the general public.
"General public" is a relatively easy term to find a definition for (as mentioned in the other thread):
Those (reasonable) definitions exclude LEO/Mil as a "particular group". Thus, availability to the general public excludes availability solely to military or police organizations.
As an aside, if there are truly concerns about someone from those groups not being able to shoot his or her duty weapon, address that separately, don't undermine the meaning and intent of the base rule. (One way to address it is to make an allowance for military weapons that have civilian analogs that have met the criteria and legitimately been added to the List. Another would be to allow duty firearms to be shot in Production irrespective of whether something similar is available. The requirements for allowing an otherwise unapproved firearm to be shot could be the same for allowing duty gear to be used that otherwise doesn't meet the Division requirements.)
As far as foreign competitors using firearms that are IPSC Production-legal but not on the USPSA Production Gun List, I'd say let foreign USPSA members shoot IPSC-approved firearms, but still ensure that the requirements for a firearm to be included on the USPSA Production Gun List are met using the U.S. market.
Judging whether something is available to the general public can be a relatively easy task in some instances (such as that which is the impetus for this thread), but can be harder in others. Take Kel-Tec's KSG as an example. Although the availability is limited, someone that's willing to pay the steep prices being asked on GunBroker can obtain one. I'd say it's available to the general public, even though I can't go to my LGS and grab one off the wall.
So, what constitutes "availability"? In this day and age, it seems the Internet would be a good resource to help determine that. Checking some of the larger U.S. distributors and/or GunBroker for the model in question would be a good start. It seems there should be some way to distinguish between unavailability due to high demand (which shouldn't be penalized with exclusion from the list) and unavailability due to the manufacturer not making the firearm available to the public.
But as others have pointed out, this is all moot if there will be no consequences for flaunting the Division's requirements.