Bans so far have only been temporary, but in the meantime while you are banned, I suggest getting a private header. Dump one yourself with PowerSaves from a retail cart, get someone with a hacked 3DS to dump one for you, buy one from someone, it doesn't matter as long as it's from your own game, or you get to keep the game, or the game is destroyed afterwards, to make sure no one else can go online with the same header at the same time as you. Then use Sky Army Knife or No Ban No Sky to import it to your template (remember to do this every time you update the template too) and never worry about bans again.
If not then you would be the first person to ever receive a permanent ban.