theres a new no phones rule extension to during lunch so i have to resort to this in order to have a break on my breaktime

as long as the staff arnt into the 3ds than sure

They'll probably confiscate it simply by nature of it being fun. Take it from someone who was banned from using any electronic devices on campus, there are ways to continue to use them. Try hiding a earbud in the palm of your hand and simply leaning against it.

After that, it's simply a matter of setting up voice / button controls so you can do whatever you want. Good luck!