I'm going to wait then, I have no interest in playing pirated games, I want it for smash modding.
You will be waiting for over a year, if not longer, for sure. Gateway announced support for 10.3 "soon" which will be in a couple of months. It's been way longer since they jumped from 4.5 to 9.2. My suggestion is getting an used 3ds with exploitable firmware (10.3 to downgrade to 9.2 or 9.2 and lower) OR getting someone to hard mod your 3ds.