There will be dealers who take the ultra-conservative approach, and there will be others who will continue to "look the other way" or whatever other euphemism they care to use for violating the law. It will take some enforcement action by the EPA and CARB in some highly publicized cases to set the tone before some dealers will see the light I suppose.
Other than the stock sound level which seems to be the biggest "issue" with traditional Harley customers, the rest of the emission system would have never been a problem IF Harley had put forth the effort to meet the standards without compromising performance and reliability. They did not do so, and then they profited from that conscious decision by selling illegal products and devices so the customer could fix it for them at his own cost. Now the party is over, and I'll bet you they will magically find a way to make a stock bike run well right off the showroom floor just like the auto industry did decades ago. Early reports on the M-8 seem to suggest they've already done that, but time will tell.
What Harley owners are going through now is similar to what car owners went through in the 70's and 80's. After a few years of poor drivability and performance, the industry went on to produce the best powertrains in the history of the industry. I for one prefer having the ability to buy a stock vehicle off the showroom floor and not have to immediately start making modifications to make it run right.
Jerry