I agree, but kind of a moot point, since you can't do a NICS check unless you're an FFL. So, I believe the ATF has effectively outlawed all person-to-person sales by making ANY sale basically a "dealer" sale.IANAL but, IMO, a background check alone doesn't satisfy this. The seller must hold the FFL if they meet the definition of selling with intent to profit.
Doing a person to person transfer with a 4473 done by a third party would just provide a record of the sale.
I do think that the intent of this is to force universal background checks at some point.