Sometimes? One person on here got a limited edition sfc new 3ds from Japan and it was on v11.0 out of the box. Look up some serial numbers of the bundle you're looking for and see which serial numbers are which firmware. Then go buy a 3ds with a hackable serial code. Then cross your fingers and hope that they didn't update. If they did though, you can ask nicely to return it and get another.
Sent from my Browser on a New 3DS XL with A9LH