Yes you can. dont believe what a lot of people say online about any digital games on the ds either. You don't need to have both systems to transfer games. It's corny, but if you don't have the old system you can just call Nintendo customer service and they will walk you through having your digital game history transfer over to the new 3ds and then you can re download them from the storeWait, I can trade in my son's current old 3Ds for the new one and get a 100 dollar credit? I'll do that shyt today.