alright so be prepared to take out the battery put it back have the wifi off for a min and disable the wifi from the 3DS (call for drastic measures)...
WAIT...isnt there a wifi switch on the side of the 3DS AS SEEN ON THE JAPANESE COMMERCIAL!!!
@K3Nv2 I got some cheapies at wallys, that are pretty good, already have lost a few expensive ones (one falls out and gone, can't find) while cutting grass so bought some cheap ones, and of course never lose these cheap ones. (Cheap meaning only $35, compared to air buds which I only have 1 of 2 now)