zeffzone wrote:Hello everyone I posted the "Registration" Topic and seeking advice once again! I'm going to list steps on what I did and next steps to do since I am unsure and still pretty new to this but want to FIGHT! for what is right.
hello there, i've been reading about your pursuits and thought i would offer what i have learned here in arizona. the situation in california might be quite a bit different, but you may be able to adapt what i can share to work for you.
1. Purchased motorcycle through craigslist, got the bill of sale and certificate of title
which title do you have? if you already got a new title in your name then that really complicates things...the one from the previous owner is basically evidence of a contract the previous owner had with the State of California. the previous owner may have signed the title authorizing the transfer of the contract to your legal fiction person, but as long as you don't execute the transfer with your own signature and file it with the State's Department, the motorcycle is 100% your private property. the old title may as well be destroyed, but note that this will make it more difficult to register it in the future, should you want to use the bike in the STATE for commerce. either way, as notmartha has stated "The bill of sale and possession = ownership" the bill of sale usually has a clause releasing the previous owner of any liability, which means the contract with the State is essentially canceled unless you re-execute it with your legal fiction person. in the future, if you buy parts for the bike or pay to have it serviced, keeping the receipts will also show "improvement" on the property which also aids in proving ownership. in my opinion the old title can be destroyed but you could also probably just keep it locked safe away in your home if you can, that's what i did just in case.
as for the bill of sale, the Department (of Motor Vehicles) here in AZ provides a Bill of Sale form that the previous owner should fill out and file with the Department, to fully release their liability. otherwise the Department may still bill the previous owner for registration fees, or even lead to charging the previous owner with a crime should the bike be used in a crime. did the previous owner of the bike file such a form with the Department? i think most people dont use this form since it's not needed if you transfer the title, as the Department is notified at that time of the new owner and updates their records. therefore it may be prudent of you to notify the previous owner that they should file such a form in order to avoid any future liability. otherwise it is my opinion that you need not take further action with any paperwork. as it says in the Constitution of Arizona, Article 9, Section 2, clause 4: All household goods owned by the user thereof and used solely for noncommercial purposes shall be exempt from taxation, and such person entitled to such exemption shall not be required to take any affirmative action to receive the benefit of such exemption.
2. The registration is from the old guy who just got it renewed, and I am just leaving it on there since I never even went or associated myself with it registering
also should be destroyed. as notmartha said, if you continue to use the bike with the previous owner's registration/plate, things will get ugly. that is basically fraud you're committing.
1. Do I need to pay a tax on transferring it? or anything like that?
no, not if you are only using it for private travel.
2. How do I make sure it's my private property so that can't claim anything against me?
in addition to what notmartha said, my advice is to post a notice in the area where a license plate is usually affixed. this is what i did, although i have more room on a car and wrote more, your notice only needs to have a few basic things:
NOT FOR HIRE
the last two phrases are familiar in that we see these posted all around the country on people's private land and/or homes. therefore you can think of your bike as an extension of your home where you can enjoy all your rights and liberties, but you must reserve them and reserve them early, before any assumptions can be made by public servants or government officials. posting a notice in a conspicuous place accomplishes this. the difference between a notice on your private land/home and on something almost everyone considers a "vehicle" is a bit different. on our land, or in our private home, most public servants recognize our constitutional rights are in effect. i.e. right to no searches without a warrant, right to remain silent, right to a lawyer, right to be safe and secure, etc. however, when modes of transportation come into play, they are almost exclusively thought to be commercial in nature, and therefore our rights don't apply anymore. therefore when we are using our private property as transportation for non-commercial purposes, it is important to add a few other things to the notice.
the first line (not for hire) is recommended to put on all modes of transportation that would normally have a license plate. if you have done your research you will see that the commercial nature of licenses, registration, and driving began shortly after the dawn of the automobile, where people were hired to operate these machines on the roads; they (drivers) were being paid to operate them on the public roads = commerce. today we have taxi cabs and delivery drivers also which would also qualify as commercial uses. taxi's in particular are "for hire" because we can hire (pay) a taxi driver directly to use a registered vehicle on our public roads to move us someplace. therefore a statement of "not for hire" clearly establishes non-commercial use of the property.
now, you stated that you don't have a permit or a driver's license. but don't you have an ID card issued by the STATE? and does your ID card have your signature on it? how does your name appear on your ID card? is it in all caps? if so, then that ID establishes YOU as your/their legal fiction person, and your signature acquiesces jurisdiction. as others have stated, a birth certificate, SSN card, are also evidence of your legal fiction person. however it is my opinion that they do not automatically acquiesce jurisdiction; that only occurs when you sign something or use those instruments... or it can also happen through assent as notmartha has stated, which is why it's very important to reserve and exercise your 5th amendment rights. now since you are not an adult, that makes things different, and i'm not sure exactly how things work when you are a minor. but since you are going to be 18 soon you should think about being an adult, and you might be required to renew your ID when you turn 18.
now if you dont even have a state issued ID, then that is a whole other territory. do you have any other government-issued documents with your signature? frankly, i don't think one can really freely live one's life anymore without having a state-issued ID. but if you think you can then you have my blessing and i dont think you need to put anything further on your notice.
however, it is my opinion that it is essentially required that you obtain an ID from the STATE and sign it! so if you have to renew your ID, be sure that the procedure also allows you to update your signature. you may have to revoke your current ID and apply for a new one. however, we are lucky, because we the people have protections we can use when we are forced to do and sign things. when you are forced to sign something because your very livelihood depends on it, you can begin your signature with the initials "u.d." which stands for "under duress" which basically means you are signing this instrument by force and coercion and you are not necessarily agreeing to all terms of the contract, especially the one's that conflict with your law-abiding life. for you to understand this fully you will need to research contract law in the united states. it's pretty interesting to me and not too hard to get the gist of it, it's mostly common sense wrapped in legalese.
http://www.lawguru.com/articles/law/bus ... tract-void
you may also want to add, before your signature, "all rights reserved". then you can put "ALL RIGHTS RESERVED" on your notice as well, establishing that you have not acquiesced any of your rights while traveling. and whenever you encounter an agent of the state you will want to make sure they understand that you have reserved all of your rights
3. Should I go down there and show them the paper works and prove it's my bike and I revoke the registration and all that stuff?
i wouldn't do that, and i didn't do that. the more you interact with them, the more paperwork you show them or file with them, the worse off things get, IMHO. you don't need to prove anything. remember you have inalienable rights and it is up to a PLAINTIFF to PROVE, BEYOND A REASONABLE DOUBT, that you have given up those rights.
Just need to know what to do after I gained ownership of the bike basically in a TLDR form.
sorry, TLDR doesn't exist in this realm. you are going to need to read and be familiar with about 20 different court cases and know legal definitions to defend your right to travel. if you get a ticket then you are also going to need to know court procedures and how to be your own attorney in order to successfully defend your rights in court. fortunately i haven't had to do this yet, the notice i have on my car has thwarted 4 cops so far, but i had everything ready in my toolbox before i even started "traveling"