NICS doesn't capture all sales. Partly for the reasons you mentioned. Also because a background check may not necessarily end in a sale. But it is a good indicator anyway.
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NICS checks are a bad indicator. I've bought two guns on one 4473 before and haven't had to go through NICS (because of my ccw) in over five years. Bought plenty of guns in that time, none of which go into those FBI figures.
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