As for its being "too much 'scope for hunting," you just turn it down to its 4x setting and leave it there while hunting.
For $270 NIB you can get an FXII and save a lot of weight, size, potential for problems due to moving parts.
There are real downsides to using "too much scope." If it's a 50mm scope, it will have to be mounted higher, which means your cheek weld will probably be poor on a sporter stock. It will weigh almost a half pound more than a 4X FX II, and the variable power, adjustable objective scope has more potential for leaks or other failures, since it has moving parts. A 40mm can be mounted a bit lower, but won't be so bright at high magnifications, and the rest of the "downsides" still apply.
A 4X33 FX II Leupold will give a bright picture on low rings, light weight and nothing to fail unless you drop the rifle from a tree or something. If 4X is the setting you'd use anyway, and you will be lugging the rifle around in brush and rough country, it's a better choice, hands down, than "more scope" would be. You can do plenty of practice shooting with a 4X, too, and that makes more sense anyway if it's a hunting rifle, unless you are trying to develop the ultimate rifle-specific sub-MOA handload or something.
If you hunt from an air-conditioned deer stand, none of that might matter, but in the dirt, I wouldn't be too excited about a big scope for medium game. The idea that "you can't have too much scope" is not really true.
If you want a target rifle, varmint rifle, antelope or coyote rifle, yes, get that Leupold. But for deer, I'd put the scope on the gun, even if I had to hold it there, and see what I REALLY thought about lugging it around, stock fit if it's a 50mm, etc.
WRT the 3-9X40mm, that's what I have (Burris). I leave it around 4X. Turning it all the way up just doubles the size of the image. That's not much, and not the "difference that makes a difference" on deer-sized or larger game. If I had it to do over again, I'd get a quality fixed scope for the "deer rifle", save some carry weight on the thing, have one less adjustment to worry about, and get the superior picture that a fixed scope can provide at the same price point.
That's just me. YMMV. etc.
I just think that there are reasons to choose a particular scope. Get the best
quality you can afford. You'll regret going cheap. But, while getting the best quality you can, get the
features that are appropriate to your intended use.
