If it's manufactured September and earlier I think you're good, but there's a downgrader now and the hack isn't perfect. I'm actually holding out until I see that new games like GT5 can be played on JB
Either new or go to your local pawn shop and buy one. I just purchased one from a pawn shop and it had 3.01 firmware as well as other OS. But I ended up upgrading it anyway to 3.41. At the pawn shop you will probably get 50-60% off. I got an 80gig for $145.