The problem is the government has been regulating by indictment. They have kept things intentionally confusing.
This might be an answer to my own question. I'm reading it now
https://medium.com/@ekladous/are-bitcoin-lightning-nodes-money-transmitters-24cc5f1a38c6
https://medium.com/@ekladous/are-bitcoin-lightning-nodes-money-transmitters-24cc5f1a38c6