Thanks for the input guys! Just quick decision making. I looked around and couldn't really find a UPC buying guide for the N3DS. It's my first run at a 3ds, but I'm not a stranger to this world, so downgrading is a no fear thing for me.
I'll take the risk and go with the New 3DS, and your right, the likely-hood of getting 10.4 is low, and even so, I can wait for future 'sploits or just bite the bullet and get a Flashcart If I give into the temptation.
We already have a 2DS in our house, so I can practice on that and if I brick it, i'll just give my kid the new one.
Is it possible to get firmwares lower on the N3DS?