There's always a little chance that you get banned but if you don't cheat online and play unreleased games with wireless on, you should be safe.I'm fairly ignorant on this topic of 3ds hacking, but I would like to ask a question.
I've heard that playing pirated games online such as Monster Hunter 4U/Gen on a 3ds with CFW on it, will net you a ban. (not sure if this is true, it just what i've heard.)
So inquiry; does playing legally obtained 3ds games online on a console with CFW on it also get you banned or are you safe?
I am asking for a friend and do not know the nature of his 3ds's CFW status.
Thank you.
Basically, avoid doing anything that a non-modified console couldn't do online.