No actually, it's a more likely way of getting one with 11.3/11.4 installed. Nintendo updates to whatever the latest firmware is at the conclusion of the refurb process, they are then put in storage to be sold. So a (small) number of refurbs have 11.4 installed, and from this point on all refurb'd consoles will have 11.5 installed. Whereas all new/sealed old2DSes are guaranteed to be below 11.4, way below in most cases. If OP isn't prepared to buy a new old2DS, then a refurbished one is definitely an option, but it's still a gamble.