Statist claim: Not Resisting is Consent.

Fallacy:

"You support [the state] though. You live in support of it. You certainly give it tacit assent, and indeed I know that you're not the type to defy taxation or fight a police officer's order. … You have four (three really) choices: rebellion, expatriation, support, or hypocrisy." (Wayne Bereman)

Response:

This is the "if you don't take an assault rifle into a federal building you are not True Anarchistâ„¢" argument. - Jesse Gossett

The error of reasoning here (after the Magic Contracts fallacy) is equivalent to that of somebody who states that the raped endorses the rapist because she is involuntarily giving her "services" to him. As such, the list of "choices" amounts to a classic false dilemma. Although the woman has the choice to resist the rapist, she may not possess the strength or ability to do so: and in any case her rights are being violated. Similarly, we would recognize the error of a carjacker saying that his victim consents to the carjacking because the victim chose to drive on a particular road or that a mugging victim chose to be mugged for walking in a particular street (even if the street was near her house and she took it every day).

Government does not possess a valid claim over my life and property; I do.

Thus while hypocrisy may be a choice for some, it is not a necessary one taken by those refusing to leave their own land (see: Love It Or Leave It fallacy); and to the list we therefore add remaining in one's own property where one may be extorted without either supporting or condoning the extortion. The error creating the false dilemma is that the statist doesnt understand the difference between a voluntary action and an involuntary action (or has a psychological need to deny that there is a difference). (DBR, integrating comments from Benjamin Richards and Jesse Gossett)

I choose rebellion when it is tactically reasonable to do so. This rebellion may be covert rather than overt. The State is my enemy, and I appreciate these wise words:

A wise general makes a point of foraging on the enemy. One cartload of the enemy's provisions is equivalent to twenty of one's own, and likewise a single picul of his provender is equivalent to twenty from one's own store. - Sun Tzu
In other words, rip off the State early and often! (But don't get caught.) Also, the "not resisting is consent" claim seems to misunderstand what consent is. It confuses resignation with consent. [HB]

Also see: The Traditional Social Contract Theory, in particular the section entitled Conditions for valid agreements.