Tricky, but having more than one with intent to disperse could indeed count as public distribution. He did intend on giving them away and he stated so, meaning he was screwed from the get-go.
This could also mean getting more than one Sub in an order could land anyone ordering from a dealer in the same hot water. Sure, a Sub and a One-eleven can be assumed to be for private use, but two identical reps could land you in hot water.