Well if online gaming isn't a big ticket item for you being banned won't matter much at all. Even if banned there are work around to get back on the shop and even if those are all fixed you don't require a 3DS to connect to Nintendo's cdn and download game files. Freeshop can still work even if banned. Either way you're worry is about something that won't affect you if you don't play online and like I said you should still be able to use freeshop even if banned.