AUSTIN - The open carry activist arrested Thursday for carrying a small toy gun into the state Capitol has a series of convictions in Harris County for offenses such as criminal mischief and deadly force.

Travis Raymond Kuenstler, 34, was arrested Thursday and charged with criminal trespass, a class B misdemeanor. The former enlisted Marine and chapter coordinator for Open Carry Texas had traveled to Austin to join dozens of other activists urging lawmakers to lift Texas' 125-year ban on the open carry of handguns.

Open Carry Texas founder CJ Grisham said Kuenstler was arrested after he repeatedly questioned why Department of Public Safety officers were asking him to hand over a plastic toy gun he had holstered.

"He just said, 'What law am I breaking?' and at that point they handcuffed him," said Grisham, who pointed to a YouTube video that showed the toy was a plastic cap gun. "It's literally too small to fit in a normal person's hand."

Kuenstler has been arrested five times in Harris County over the last 10 years. On Sept. 16, 2008, he arrested for assault with a deadly weapon and possession of less than a gram of MDA, an amphetamine. The felony assault charge later was reduced to deadly conduct, a class A misdemeanor, for which Kuenstler was convicted and spent 60 days in county jail.

He also has past convictions for driving with a suspended license, criminal mischief and driving while intoxicated.

Repeated attempts to reach Kuenstler on Friday were unsuccessful. Grisham said he was released around 3 a.m. Friday.

On his Facebook and Twitter, Kuenstler posted, "My frustration with this lawlessness is through the roof! We cannot stop holding them accountable! I was arrested for asking questions about DPS not allowing a toy gun but allowing my two knives. Charged with criminal trespass. The fight continues..."

Open Carry Texas and its rival group Open Carry Tarrant County, headed by controversial activist Kory Watkins, are lobbying state lawmakers to legalize the unlicensed open carry of handguns.

The Chronicle has reported the arrest and conviction records of some of these groups' most vocal gun rights activists, including Watkins and Grisham, would make it difficult or impossible for them to retain or receive a Texas concealed handgun license.

Grisham was forced to give up his Texas concealed handgun permit for a conviction for interfering with the official duties of a police officer. He is appealing the conviction and continues to concealed carry using a license from a different state.

Watkins, who does not have a CHL because he considers gun licenses unconstitutional, was arrested on the same "interfering" charge last year and has a court date next month.

CORRECTION: An earlier version referenced the Texas concealed handgun license as a permit. The story has been updated.