Short Answer Yes
Long Answer Maaaaybeee? Refurbished consoles are user returns so if it was updated by the user before return it will be on that FW after refurb.
So its a big gamble
You could ask the employee who you're buying from if they can check the system for the FW version, IIRC they're obligated to allow you to test refurbished/used systems.
However, try to be nice and ask for a little bit of patience, if you treat the employee nicely they're usually willing to help to the fullest.
I went to a game stop and asked to turn on the 2ds, they told me that they will only allow to show me the initial screen but that i can't touch anything as they will have to send it back for a full format
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