i found the game i'm looking at the local gamestop so i'm going try to pick that up tommorow with the 3ds.
also would i need higher firmware to play games online or is there some sort of firmware spoofer to trick the 3ds to think it's on 9.X?
An old 3DS can support emuNand up to the current 9.7. Basically, you have your system NAND running 4.x, and then a separate copy of your NAND on the SD card that you update and use. Also, whatever game you buy to do the 1.1 -> 4.x firmware update, you can use to extract a header for online play, so that's an extra bonus.
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Thanks for the reply, but I am a bit confused.
What emunand data disappears? Technically it is sharing the same data as sysnand so why would anything disappear?
Also, aren't save files stored on the gateway SD card? You are saying that will disappear?
Anything you install in emuNand, any CIA files/games/etc, will be wiped if you go to the Data Management screen in sysNand, because sysNand will see them as "invalid" because they won't have a proper signature. "Oh, this is junk data that somehow got in my folder! I'll just discard it now, it's not supposed to be here." Once the two are unlinked, sysNand won't be looking in emuNand's folder, so you're safe. I personally only use sysNand as little as possible, just to launch the exploit so I can get to emuNand, so I had no reason to keep them linked, and would probably recommend that.
As for save data, CIA files are installed to the system's SD card, the same way anything you buy off the eShop. Saves for any CIA games are what gets wiped, because they're in the game's folder. Save data for .3ds games on the Red Gateway card are stored... usually on the system SD card, it's a little complicated.
Card 1 games are cards that have a separate memory chip for storing the save files. The majority of games are Card 1. These saves get written to the system SD card whenever you select "Close Software", and stored under a filename of the format [TitleID].sav. When you select a game from the Gateway select menu, the patch will look for a save that matches the title ID, import it to the Red Card's save memory, and load the rom.
Card 2 games are cards that write to the same memory that stores the rom contents. Because of this, the .3ds file on your red card's microSD card will be altered whenever you save, but the card won't bother altering the "Last Modified" date or any other file attributes. It's running in a fairly raw mode, so it only changes the bytes of the file that got changed by the game. You can verify this by comparing MD5 sums before and after a save.
There are a couple games that store their save data as exdata on the system SD card, but I'm not sure if that goes into the "Private" folder, or the "Nintendo 3DS" folder. The Gateway card doesn't have any control or involvement in that.