Quibbling about terminology.

If I walk into a gun show and find me an MG.34 for sale and I desire to buy it I can, indeed, do so without passing a background test.

The sale is not the same as the transfer.

The seller is not going to even start the transfer process until he's got funds in hand.

At this point it's sale pending transfer approval (and that requires the background check).

Just like a sold sign on a house, it's sold unless something stops it.

Also like that sold sign, it's weasel wording.