Question regarding local play between a CFW Switch Lite and a Switch 2

YukidaruPunch

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I have a modded Switch Lite with CFW and I play Animal Crossing on my EmuNand. My brother owns a Switch 2 and just bought the S2 version of Animal Crossing. He's waiting for the game card to arrive.

If we played locally, me with my CFW Switch Lite and him with his Switch 2, would this risk my brother getting his Switch banned somehow?

AFAIK my Switch Lite is NOT banned, however, I bought it used and never went online with it. I just don't want to risk ruining the fun for my brother simply from asking him to locally visit my island. He's buying his games for his Switch 2, it's the first game system he's bought since the GameCube, and he's enjoying it a lot.

Also my firmware is on 20.1.5, and his is obviously on the latest firmware for the Switch 2. Would it even be possible to communicate if the Switches are on different firmwares?
 
We never had problems with 1 banned Switch and another non-banned Switch.

When playing, we did have to make sure that both ACNH games did have the latest version.
The version of the operating system didn't matter.
 

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