That isn't what I meant. Namecoin could be regarded as a service - not a currency - as it is the only genuine way to access ".bit" domains without involving an intermediary. Acquiring Namecoins could be viewed this way as a kind of virtual "gift card" to purchase .bit domains or other "names".
Virtual gift cards are regulated. Namecoins is a virtual currency. It doesn't matter what you "call" it it matters how it is used. If you can buys goods and services with it, you can exchange it for real currencies, it is used as a store of value then FinCEN views it as a virtual currency. You can call it NotACurrencyCoin if you want that has absolutely no relevance.