There hasn't been a any recent bans in airsoft, it's status is the same since 1998.
Pre-ban airsoft guns refer to guns owned before 1998. If you had them before that date, you can keep them but you cannot obtain other ones. Burden of proof is on the owner to demonstrate prior ownership.
There has however been a tradition of tolerance from federal law enforcement, so few indivuduals have been punished for transfering replica firearms outside of dealers.
While I understand what you're saying, it simply isn't grounded in any known legislation. Also, unless your local LE keeps dossiers on each player, how can they tell which gun is "pre-ban"?
As for the existance of a clearsoft G36, only a rep from CAS could confirm if it's coming or not.
As noted before, my impression is that it would be a JG G36c, but it would be mostly clear. The internals would be so-so.
Best of luck in your search.