The idea of this page is to show that the term ”in this state” is NOT simply a geographical region as one would expect from the average person looking at this phrase. “in this state” IS a mental construct. In other words you being in a geographical location does not necessarily put you “in this state”. One could be outside a geographical location but, by some nexus, STILL be considered “in this state”. Similarly, one is not a citizen of the United States just because they are born or naturalized in the United States. They must also be “subject to the laws.” When you are born or naturalized in the United States AND subject to the laws, you are then a citizen of the United State and a citizen of the state where you reside. You are then “in this state”. In other words it is YOUR ACTIONS AND YOUR CLAIMS making you subject to the laws. As grim as this may seem, the flip side is —> you are in control. It is the consent of the “Governed.” All you have to do is to STOP consenting!

The “Government” cannot take away your right to contract. They can get you to contract away your rights.

Below you will find some of the ways which get you to “contract” away your rights.

According to the California Codes the state
forum for taxation is located “in this state”

            Aircraft assessment and taxation, Revenue and Taxation Code §5304

            Beverage containers, Health and Safety Code §113200

            Cigarette tax, Revenue and Taxation Code §30013

            Diesel fuel tax, Revenue and Taxation Code §60017

            Emergency Telephone Users Surcharge Law, Revenue and Taxation Code §41005

            Energy resources surcharge, Revenue and Taxation Code §40006

            Hazardous Substances Tax Law, Revenue and Taxation Code §43009

            Integrated waste management fees, Revenue and Taxation Code §45008

            Residential mortgage lenders, Finance Code §50003(i and v)**

            Sales and use tax, Revenue and Taxation Code §6017

            Taxation, Revenue and Taxation Code §130(f)

            Use fuel tax, Revenue and Taxation Code §8609 

The Resident

The question then is what are the facts that the state looks at to determine if you are a resident or not? To answer this question we will look at California Vehicle Code 516 which states:

“Resident” means any person who manifests an intent to live or be located in this state on more than a temporary or transient basis. Presence in the state for six months or more in any 12-month period gives rise to a rebuttable presumption of residency.

The following are evidence of residency for purposes of vehicle registration:

(a) Address where registered to vote.

(b) Location of employment or place of business.

(c) Payment of resident tuition at a public institution of higher education.

(d) Attendance of dependents at a primary or secondary school.

(e) Filing a homeowner's property tax exemption.

(f) Renting or leasing a home for use as a residence.

(g) Declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident.

(h) Possession of a California driver's license.

(i) Other acts, occurrences, or events that indicate presence in the state is more than temporary or transient.

If you do not have any evidence of residency then it is as simple as you rebutting the presumption of residency. If you have evidence of residency then you would need to show evidence of equal weight to the contrary to rebut. Examples of this would be a drivers license from a different state acquired after the one obtained from the State of California or evidence of the cancellation or expiration of the California driver’s license.

The relationship between president and resident

Origin preside (1600-1700) Latin praesidere “to sit in front of, guard, preside over”, from sedere “to sit”

[Middle English residen, from Old French resider, from Latin residēre, to remain behind, reside : re-, re- + sedēre, to sit; see sed- in Indo-European roots.]

Amendment 14 - Citizenship Rights. Ratified 7/9/1868.

“1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Revisiting the 14th Amendment in light of the foregoing we can see that “persons” (generally those under “contract”) born or naturalized (equality of law), AND subject to the jurisdiction. The AND signifies that being born or naturalized is not the only indicator that would make one a citizen of the United States or a Resident of a State. That one must actually be either born or naturalized but also be subject to the jurisdiction. Understanding that one must consent to being governed it is the opinion of IDP that said consent, at least in regards to state residency is derived from one of those agreements as defined in the above stated California Vehicle Code, Section 516; and that the United States Code would have similar requirements. Both layers would require the “applicant” to witness against themselves that they are either a citizen of the United States or a Resident of a particular State, for example a passport is evidence of citizenship, while a state drivers license is evidence of residency. One must therefore choose ones agreements with careful consideration.

Downloads to help with your understanding of “in this state”

Senate Bill 11, 1950

666 S.W.2d 524 Houston v. Morgan Guaranty.pdf

Definitions of “in this state”